Indianapolis Times, Volume 34, Number 215, Indianapolis, Marion County, 18 January 1922 — Page 1

THE WEATHER Rain or snow tonight and Thursday. Colder Thursday.

VOL. XXXIV.

JAP YOKE FOR CHINA, RUSSIA REALDANGER U. S. Diplomatic Effort to Make Open Door a Fact. PROBLEM KNOTTY Purposes Will Put British Friendship to Test. WASHINGTON, Jan. 18.—. America achieved another important victory in the arms conference today when the nine nations of the far Eastern committee finally and formally adopted the first three articles of Secretary of State Hughes’ resolution making broader the historic open-door policy regarding China. Article four, the biggest possibility for contention and which provides for review of concessions in China by an international reference board created by the resolutions, was left open for the time being. This is the last article of the resolution. Special to Indiana Daily Times and Philadelphia Public Ledger. By FREDERIC WILLIAM WILE. WASHINGTON, Jan. 18.—American statesmanship, in the final phase of the conference now opening, recognizes it faces the crucial test. Its task, during the days or weeks that remain, is to find ways and means for giving practical expression to one of the basic objects of the United States in calling the conference. The Hughes program for “converting the open 'door from a motto into a fact," made public today, at length gives categorical form to the purpose set forth in President Harding's formal invitation to the powers on Aug. 11, 1921. The President emphasized that limitation of armament must be accompanied by a “removal of causes of misunderstanding.” He dtclared it to be “;ho earnest wish” of the United States Government to “find a seiition of Pacific and Far Eastern problems of unquestionable importance at this time.” He defined those problems ns “matters which have been and ere of International concern.” rrßrosE to AVERT TBOV BEE. What President Harding' meant vas not relatively minor matters ior tariffs, postoffices, railroads, wireless rights or troops in China. He meant the real and gleaming danger spots in the Far East. He meant the protensions of certain powers to “superiority of rights” In China. He had in mind, specifically, the necessity of curbing Japan's activities on the mainland of Asia, particularly what loon to American statesmen as aggressive designs on China. In that aggression, particularly if Japan were to continue to enjoy the tacit support of Great Britain. the United States frankly scents danger of future conflict in the Far East. Unless America were prepared to abdicate her rights and interests in the region of the Pacific, American statesmen feel we could hardly escape embroilment in such conflicts. We prefer to avert, if we can, while there is still tlqje. That ■was the underlying purpose of the Washington conference. That is the underlying purpose of the sweeping proposals propounded by Charles Evans Hughes. When the conference was projected in .Tilly, 1921, it was the plan of the United States to discuss Far Eastern war incubators first and armament limitation afterwards. The Harding-Hughes scheme Was based on the theory there was little tlirtue in stacking arms without reasons.le assurance they would not have to >e taken up. If, when the nuglies naval bombshell was hurled Nov. 12 a reversal that program was revealed, nothing Jut expediency dictated the change. There was and is no alteration in the Washington determination to rid the' Far East of danger spots. If certain (Continued on Page Eight.)

CITIZENS ASK MARTIAL LAY/ Oklahoma City Residents Appeal to Governor After Lynching. OKLAHOMA CITY, Jan. 18.—Citizens met in mass meeting today to submit resolutions to Governor Robertson asking that Oklahoma City be placed under martial law. The meeting was held as a result ot the finding of the body of Jake Brooks, n negro packing house employe, hanging by the neck in a tree in the southern edge of the city. The negro was taken from his home last Saturday by masked men. John H. Shirk, chairman of the shop division of the Chamber of Commerce, declared that police protection against violence by the striking packing house workers was only “lukewarm” and that it had become necessary to ask for martial law to remedy a situation which had become more than serious. The finding of the body of Brooks marked the crisis of a series of disorders in the strike here. Several packing house strikers are being held by police for investigation but no arrests have been made for the lynching of Brooks. BIG SNOW AT WARSAW. WARSAW, Ind., Jan. IS.—Five and onehalf inches of snow put a wintry aspect on the territory around here today. In some places it was three and one-half feet deep. The snow turned into rain.

WEATHER

Forecast for Indianapolis and vicinity for the twenty-four hours ending at 7 p. m., Jan. 19, 19:12: Rain or snow tonight and Thursday; colder Thursday. HOURLY TEMPERATURE. 6 a. t<9 7 a. in 19 R a. 9 a. m • 19 10 a. 40 12 (noon) < i'. m 1-7 2 p, m Y 57

Published at Indianapolis, Entered as Second Class Matter, July 25, 1914. at Ind., Daily Except Sunday. Postoffice. Indianapolis, Ind., under act March 3, 1879.

Shank Matrimonial Goes Big WILL WELD HEARTS WITHOUT CHARGE

Applications Are Coming in Flocks

Though “curst be he who first cries, ‘Hold, enough!’ ” I>au Cupid Shank is ready to surrender not only his bow but all his arrows to someone else, even though he has been in the Cupid business only since last Friday. It reached the point where Mayor Samuel Lewis Shank had to decide whether he was going to be a matrimonial agency or a mayor and the people won. Mr. Shank could not be mayor and continue to read ail the letters which have been swarming in upon him from all*parts of the country since Monday morning, following his announcement Saturday that he desired to form a club where widows could meet

MEMBERS OF CLUB AGREE TO ‘HIRE-A-MAN’ Organization Falls in Line With Mayor’s Suggestion. MORE EMPLOYED With “Employ One More Man” as their slogan a committee of the /American Club set out today to help Mayor Samuel Lewis Shank relieve the unemployment situation. The club decided to carry out a suggestion of the mayor at their weekly luncheon Tuesday that each employer in Indianapolis provide work for at least one man for a period of five weeks. Meanwhile the municipal agencies for relief of those out of work was functioning with increased efficiency. Street Commissioner Martin J. llvland today added ten men to his force of twenty put to work hauling and spreading gravel and cinders on unimproved streets yesterday. John F. Waler, superintendent of street cleaning, added thirty-five to his emergency force of forty started to clean winter debris off of streets yesterday. STORIES OF UNEMPLOYMENT AFFEC T CLUBMEN. The American Club decided to get behind the mayor’s suggestion when he toid of the pitiful stories the unemployed leave at the desk of William G. Collier, unemployment clerk in the first floor rotunda of the city hall. President Russell Willson of tlie club named Lloyd IS. Moseman, chairman of the club's public relations committee; Wallace O. Lee and Robert Brannam to work out details of the "Employ One More Man" movement. They met with Mr. Willson at noon today and decided to send a letter to every employer iu the city, asking that each put at least one (Continued on page Eleven.)

RALSTON TO BE CANDIDATE FOR SENATE, REPORT Former Governor Mentioned as Likely to Seek Nomination. Samuel M. Ralston, former Governor of Indiana, will, In ail probability, be a candidate for the Democratic nomination for the United States Senate, according to reports being circulated among party workers today. Some time ago Mr. Ralston said he would not be a candidate, but recently when the subject was discussed with him he refused to say whether or not he will seek the office. It is believed, if Mr. Ralston wishes to be a candidate, there will be little opposition from other seekers after the nomination. The only avowed candidate at this time is Bernard B. Shively of Marion. Mr. Ralston has been looked upon as one of tlie heads of the Democratic party in the State since he was Governor from 1913 to 1917. He has frequently been talked of as a candidate for the Senate since that time. If Mr. Ralston becomes an active candidate it is possible lie may take a hand in the reorganization of the party in Indiana. At the present time there is no working organization and the necessity for building one up from the bottom Is being discussed by party leaders. The speculation concerning the organization centers around the posslbllifles for the State chairmanship. At the present time, Dale J. Crittenberger of Anderson, Eighth District chairman, and Walter Chambers of Newcastle, Sixth District chairman, are being talked ot as State chairmanship possibilities to suceeeed Benjamin Bosse of Evansville, who has signified nis intention to relinquish the chairmanship. The new chairman will be confronted willi the task of building an organization and paj-ing off the debt of the State committee.

Shank Selects Board to Make Bigger, Better City

Formation of an advisory committee of business and professional men “to advise with me and to make suggestions as to various things that should be done iu order to make Indianapolis a bigger and better city,” was announced today by Mayor Samuel Lewis Shank. The mayor appointed William H. Armitage chairman of the committee with the following members; Edward J. Robison, restaurant owner; Arthur E. Bradshaw, president of the Indianapolis Mortar and Fuel Company; Henry A. Harmon, former State senator; Sol Meyer, president of the Meycr-Kiser Bank, the Rev. Sumner Williams, negro; Albert A. Hoffman; Jesse S. Sisloff, bookbinder and Alfred M. Glossbreuner, president of the Levey Printing Company. In a statement announcing the committee Mr. Shank said:

3 uiriatta Jlailq afititfs

widowers and pick new mates. He said he would perforin the ceremony free for each such couple. The United Press sent an Innocent little one hundred-word sketch about the mayor’s scheme over its wires and every paper in the United States must have printed it, the mayor believes. Letters stating "I have .seen your ‘ad’ in the paper,” are pouring in on the mayor from all the big cities and maiiy of the small ones. The mayor’s mail is heavily laden with his ctipids darts turned boomerangs from New York, Cleveland, Pittsburgh, Philadelphia, Detroit, Toledo, Cincinnati, Louisville, Chicago, Milwaukee, Kansas City, St. Louis, and, in

Letters Back Up Charges of Prison Killing One Writer Identifies Fitzgerald's Slayer as John Kruppa, 69th Engineers. WASHINGTON, Jan. IS.—Letters from three former soldiers who declared they saw the killing of John Fitzgerald in the prison camp at Basnes, France, because he asked for “seconds” in mess line, were put into the record today before the special Senate Committee investigating charges of Senator Watson (Dem.), I Georgia. I The writers of the letters backed up the charges of Edmund Duner of San Francisco, made before the committee, who said he was a witness to the killing and that when several soldiers who saw the shooting offered to give evii dence against the sergeant who shot Fitzgerald they were put on bread and water. The writers of the letters were J. IT. Ackerman, Las Vegas, N. M.; Harry C. Miller, Portland, Ore., and Bernard Kane, Youngstown, Ohio. Miller identified the sergeant who, he said, killed Fitzgerald, as John Kruppa of the 09th Engineers. “I worked with Kruppa on■ the Baltimore & Ohio before the war and knew him well," Miller said. He said Fitzgerald's home was in Mattoon, 111. lie gave the names of John Sullivan, Fargo, N. IX, and Harry Wheeler, Buffalo, N. V., ns other witnesses to the shooting of Fitzgerald. “Fitzgerald was a switchman in the yards at Basnes and I was running an engine,” wrote Ackerman. “He was put in prison for being drunk and hod to [ work on the coal pile. He had only fifteen minutes for luneh and had to get it on the run. Fitzgerald had time to get seconds, but when he did so, the sergeant rushed up and pointed the gun at him. Fitzgerald said lie was scared to shoot and the guard then shot Fitzgerald dead.” Charges that American soldiers in prison in France were compelled to sleep on bare floors in horse stalls without straw or blankets were made tiy Harry K. Waimer, 37 West SeventyFirst street. New York. “At Schells I was made to sleep on a bare floor in a stable for ten days until I was sent to the hospital on the verge : of pneumonia," Waltuer said. I George L. Walters. 204 Brigham Road. Dunkirk, N. J., testified that he had seen soldiers beaten to death with pickaxe i handles by guards at Camp Merritt, N. J., in June, 1918. ' Walters named "Sergeant Smith and I Sergeant Stanley” as the men responsible i for these killings.

YOUTH MAKES ESCAPE FROM REFORMATORY Qren Hack Asks Police to Watch for Frank Graham, Fugitive. The Indianapolis police today were asked to watch for Frank Graham, 21, who escaped from the State reformatory at Jeffersonville last night. The request was made by Oren Hack, an Indianapolis attorney and a trustee of the reformatory. According to information given the police, Graham asked to talk with Warden George A. 11. Shidelcr. His request was granted and he was taken to the warden’s office by two guards. As the guards released him he dived through a window ten feet above the ground and made his escape. The guards pursued him, but were unable to capture him. Graham, who gave his address as 345 South State avenue, was sentenced, in the Marion County Criminal Court Oct. 7, 1921. to serve ten to twenty-one years for highway robbery and grand larceny. Tinpolice say he was a member of a gang of four who committed a number of robberies in Indianapolis. The specific offense for which he was sentenced was the robbery of a dry beer saloon on South East street. ASK PACKER STRIKE MEDIATION. WASHINGTON, Jan. IS.—A group of Middle Western Congressmen today asked Secretaries Hoover, Davis and Wallace to mediate the packer strike, still in effect In Middle West cities.

“To advise with me and to make suggestions as to various things that should be done in order to make Indianapolis a bigger and better city, I am appointing a committee of men whose judgment I greatly respect. I want these men to advise with me from lime to time and to give me the benefit of their best judgments. Important matters are continuously coming up, and I feel that I can better serve the people By combining the wisdom of others with my own. Indianapolis is a large city of varied interests and many kinds of people, and to successfully serve the largest number and to do tbe greatest good for the largest number of our citizens is a big problem.” Mr. Armitage said that the committee will be called together to discuss municipal matters in a few days.

INDIANAPOLIS, WEDNESDAY, JANUARY 18, 1922.

fact, everywhere that the story was pubs fished. The mayor is convinced there is a terrible shortage of both husbands and wives. Those who write to the mayor to help them find a mate are of all ages and condition in life. Most of them frankly confess they are “around fifty,” although one blushing young thing coyly confessed that she is only (55. One is “considered quite girlish by my friends,” although she is past forty. The men are all certain of their ability to make a good woman happy. One writes from Bfeedsville, Mich.; “I (Continued on Page Seven.)

EARLY ACTION ON‘BONUS’BILL IS EXPECTED Sales Tax and Bond Issue Will Be Combined. OPINIONS DIFFER WASHINGTON, Jan. 18.- Passage of thn foreign debt funding bill and of a soldier “bonuh” bill was decided formally today at a conference of practically the entire Kcpubliran membership of the Senate. The action taken on the foreign debt bill was unanimous, it was stated by Senator Ixxlge of Massachusetts, tbe Republican leader, but some opposition developed to the soldier “bonus” plan. It was dually adopted, however, after considerable discussion, by what was described as it “larjfe majority vote." WASHINGTON, Jan. 18.—A sales tax, combined with a British bond Issue, Is the Administration plan for financing the soldier “bonus,” it was revealed today by Senator Lodge of Massachusetts, the Republican leader, and Senator Curtis of Kansas, the Republican “whip," before a conference of the Republican membership of the Senate. The conference, embracing practically the entire majority membership of sixty iu the upper chamber, was called by Senator Lodge for the express purpose of reporting the pending debt bill und for jvovldlng, if possible, milted Republican support to insure its early passage by the bej ntc. It was understood that difference of opinion prevailed among Republican Senator!) participating In the conference as to the length of time which would be required to float the proposed British bond Is-qje and to bring sufficient rash from the sale of the proposed bonds In this country to finance adjusted compensation for ex service men. HARDING INCLINES TO SALE TAX. Several Administration spokesmen who took a leading part in tho conference were authoritatively represented ns Buying that the President Is inclined toward a sales (ax being employed for (he purpose, if it were found that at least a year may elapse before a substantial return on the British bonds could be regarded as certainty. Senators favoring a sales tax were reported ns urging that such a tax bill coupled with the proposed .bond issue as a means of not only insuring the early financing of the soldier “bonus” and the adjustment of the British debt, but of securing the adoption of a gales tax as a permanent basis of taxation. The first step toward carrying ojit the plan of linking the soldier "bonus” with (Continued on Pago Eleven.) RESCUE WOMAN BY BREAKING DOOR TO ROOM

Police Prevent Reputed Attempt of Mrs. Stella Clemmons to End Life. The prompt arrival of Motorpolice Officers Halton and McClure at 318 North East street saved the life of Mrs. Stella Clemmons, 39, wife of Silas Clemmons, a Janitor at school No. 16 today. Mrs. Clemmons locked the door of her room on the second flor of the house, turned on the jets of a gus range and laid down on the bed. Mrs. H. B. Ross, a roomer In the building, detected tho odor of gas and when she was unable to open the door, she called police headquarters. The motorcycle officers broke down the door and rescued the woman. She is In a serious condition, but it is believed she will recover. 11l health is said to have been the reason that promoted her to attempt suicide. TOBACCO FIRMS UNDERCHARGE Three Big Companies Cited for Conspiracy to Keep ITp War Prices. WASHINGTON, .Tan. 18.—Conspiracy to maintain war level prices and to prevent a fall in manufacturers prices in the tobocco industry was charged against three large tobacco manufacturing companies in a report submitted to the Senate today by the Federal Trade Commission in answer to a recent resolution by Senator Smith of South Carolina, calling for an investigation of the alleged tobocco combination. The three principal tobacco manufacturing companies cited in the commission’s report are charged with having engaged in conspiracies with numerous jobbers’ associations In order to keep up jobbers’ prices at war levels and to prevent a decline in manufacturers’ prices, though prices paid to tobacco farmers for leaf had fallen greatly, the report pointed out. STORE CAUSES FIRE EOSS, An overheated stove caused a loss of $250 to the property of Stella Heath, 408 West Vermont street, today. The stove was in a shed In the rear of the house.

SUIT CHARGES FEES OF FIRM WERE ILLEGAL Lesh Attacks Validity of School Board Contracts. DAMAGES ASKED Alleged Facts Set Out in Lengthy Complaint. Suit for $64,431 was instituted by U. S. Lesh, Attorney General of Indiana, on behalf of the school city of Indianapolis, against L. A. Snider and J. M. Rotz, comprising the firm of Snider & Rotz, consulting engineers, in the Marion Superior Court, Room 4, today. The suit is based on tho alleged illegality of payments made to the defendants under the terms of two contracts, one between the board of school commissioners and the firm of Snider & Rotz, entered into Feb. 27, IDI9, and the other between the board and L. A. Snider, and dated March 2, 1920. By the term3 of the first contract, Snider A Rotz wore employed as engineers for the board and were to rceeive ns compensation 5-per cent of the cost of all mechanical Installation work, exclusive of the general contract. The second contract provided for the employment of L. A. Snider as an individual, as building advisor of the board, he to receive 1 per cent of the cst of all general contract work, exclusive of mechanical installation. CONTROVERSY LONG DRAWN OIT. For more than a year the contracts have been the bone of contention between lhe board of school 'oinmissionera and the State bor.nl of accounts, and have caused wrangles beyond end within tho school board itself. Last summer Mr. Snider resigned us building advisor and Ms firm resigned ns engineers for the board. Meantime Albert Baker, for mor> than twenty-fire years actively connected with school affairs of the city, hud resigned as attorney for the board because of differences existing between himself (Continued on Page Three.)

7 INSPECTORS CHARGE UPON POSTOFFICE Peremptory Order Discharging 3 Men May Be Followed by Other Action. Following the peremptory discharge of three Democrats, veteran employes of the local postoffice through specific orders from the postoffice department at Washington yesterday, seven postoffice inspectors swept down upon the building today and are busy checking up the office, which was taken over by Robert H. Bryson as acting postmaster from Robert E. Springsteen Monday. While the ostensible purpose of the Inspectors’ visit is to check up ns a mere matter of routine connected with the change In postmasters, there is n deep undercurrent of suspicion among employes of the department today that the large number of inspectors at work indicates a purpose of deeper significance and that eventually other Democrats will follow the outward bound steps of Charles B. Fnwkner, superintendent of mails; Jacob F. Foe, assistant superintendent, and Frank Scbmedcl, foreman of carriers, the three employes discharged yesterday after service ranging from twenty live to more than thirty years each. UN EASINESS AMONG EMPLOYES. As r result there Is a marked nlr of uneasiness among the employes and It is saiil the fine morale of the office is in danger of being shattered. One employe said: “All of us, Democrats and Republicans, alike, feel that wo are sitting on dynamite. The Democrats among us feel they are marked for execution and the Republicans feel that tlielr safety is temporary, for if the Republican administration at Washington tears down the merit system and returns to the rottenness of tho old spoils system al! of us who are Republicans know very well that our turns will come when the Democrats go into power again. "Os course wo all expected that during Republican years Republicans would receive the cream of the Jobs here, ana vice versa, but we also have thought that while a change of administration might increase or decrease our salaries a few hundred dollars as the case might, be. that at the same time we were assured of some sort of a job. ' WONDER ABOUT LOYALTY AND MERIT REWARD. “But now we are all up in the air. It years of service are to be rewarded by being turned out on the street in the midst of a financial depression without so much as notice, then what has become of all the fine things we have heard about loyalty to the department and merit being rewarded ?” / Schmedel was let out yesterday, Fawkner will be out of the service Jan. 24, while Foe goes out Feb. 2. The time each man was allowed depended upon the unused amount of vacation time he had coming to him. The*charges on which the three men were let out were filed in Washington last October, and tho men answered them immediately. They have not been made public, but it is understood that they were of relatively minor character, such as soliciting funds in 1917 to hire a band to attend the second inauguration of Woodrow Wilson. VETERAN TO LOSE t RETIREMENT PENSION. It was believed that reason to demote the men would be found, but that the Republican Administration would go so far as to discharge the men was not considered possible. All of the men were veterans In the service and have had excellent records in the past. Mr. Fawkner has completed twenty-eight and one-ba’f years In the service and in another eighteen months would have been eligible to retire on a pension of about S9O a month. If the discharge stands he will lose his right to this retirement pension.

f?nt>eT-intinn l Carrier, Week, Indianapolis, 10c; Elsewhere, 12e. Subscription Ra.es. J By Ma „ 500 per Month . , 5 00 Pt , r y ear .

Wilson Sends Indiana Women ' Thanks Letter Former President Acknowledges Greetings From Jackson Day Meeting. Appreciation of the greetings of Democratic women of Indiana when they met at a Jackson Day luncheon Jan. 10 were expressed by Woodrow Wilson in a letter received at Democratic headquarters today. The letter was addressed to Mrs. Alice Foster McCulloch, chairman of the Democratic woman's organization in Indiana. 'J’he text of the letter follows: “I take great pride in the generous tribute of the Democratic women of In ■ diana so kindly transmitted to me in i your telegram of today, and hope you j will have an opportunity of in some way , expressing my gratitude to them and my ! confidence in their unfailing support of j principles and policies by which alone i the party can render enduring service to the country and mankind. “With best wishes for the new year, cordially and sincerely yours, “WOODROW WILSON.” The letter was iu reply to the following telegram: “Two hundred Democratic women of Indiana assembled to pay tribute to the life aud work of Andrew Jackson send , greetings and congratulations to Wood- ! row Wilson, whose conceptions of and labor for international peace do undying honor to our country and our party.” BRYAN THINKS G. 0. P. BLUNDERS AID DEMOCRATS _ I Commoner Predicts Sweeping Victory in Congressional Elections. MAY RUN FOR SENATE JACKSONVILLE, Fla., Jan. IS.—Because of what he terms “three serious political blunders,” which the Republican party has made, William J. Bryan, former Secretary of State, predicted today a sweeping Democratic victory in the congressional elections this fall. Accompanying the Interview which is published In tho Florida Metropolis is an article from tho Washington correspondent of that newspaper stating that the Baltimore Sun in printing a story from Washington to the effect that the close political friends of Bryan In Washington have been Informed that he v.ill be a candidate for the Senate from Florida in opposition to Fark Trammell. “The Republican party has made at | least three serious political blunders sine? they toave been in power, wMfb will; result In a sweeping victory for the Democratic party in the congressional elections this fall.” said Bryan. “I firmly believe the next Congress will be a Democratic one and that the presidential election in 1924 will result In as big a victory for the Democrats as the last one did for the Republicans. SAYS RE PUBLICANS MUST ANSWER. “The party now in power must answer to the American voters for the action of their Senators in voting to ‘whitewash’ Senator Newberry; they must explain why they relieved the rich of their j taxes to a great extent and increased them on the little fellow, and they must explain to tho farmers of our country why prices on the necessities they pro- | duee have reached a low level and the j Republicans have failed to do anything to help them. “The record of the party, since It catne into power, is one series of political j blunders, one after another, and the Republican Congressmen who will stand for re-election this fall have some embarrassing questions to answer —back home. There is hardly enough time left now (Continued on Page Eleven.) NEW IS READY TO LAUNCH HOT ! SENATE FIGHT

Senator Opens Permanent Headquarters at Hotel Severin. Permanent headquarters for the campaign of Senator Harry S. New for the Republican nomination for the United States Senate were opened today in rooms 420 and 421, Sevtrin Hotel. Temporary headquarters were established some time ago by Fred I. King, campaign manager for Senator New, in room 901, of the same hotel. Organization work in connection with the campaign is going forward and Mr. King Is expected to make a number of additions to his office staff with the opening of permanent headquarters. Mrs. Hence Orme, who is in charge of the woman's organization, also will occupy tho headquarters.

Contends Equal Rights of Law Are Denied Him by Court's Decision

In petitioning the Supreme Court of Indiana for a rebearing of the case in which he was convicted liy the Marion Criminal Court of an indirect contempt committed by another person outside of his control, James L. Kilgallen, former managing editor of the Times, sets up that he is being deprived of his liberty without due process of law and is being TTPnicd the equal protection of the law ns guaranteed by the Constitution of the United States. In addition to showing the court that he had nothing to do with the preparation or publication of the alleged contemptuous article on which his conviction was based, the appellant shows the court that it has, in its affirmation of his conviction, ignored entirely, an important features of his defense to the contempt charge, towlt: 1. The error of the lower court in going outside the record and taking “judicial knowledge” of facts that were true more than a year before this case origi-

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$500,000 LEFT FOR GIRLS’ SCHOOL TO BE USED AS DIRECTED Plan of Henry C. Long, Millionaire Lumberman of Indianapolis, Who Died in 1901, Is Upheld by U. S. Court. RULING ENDS YEARS OF LITIGATION

CHICAGO, Jan. IS.—The $500,000 left by Henry C. Long, millionaire lumberman who died in 1901, to build a school for girls at Indianapolis, will be used for that purpose under a ruling of the United States Circuit Court of Appeals here today. The Appeals Court upheld the decision of the United States District Court at Indianapolis, which dismissed for want of equity a suit brought attacking the provisions of Long's will. The suit was brought by Amelia S. Long of Chicago, a granddaughter, and Mrs. Alice Long Jarrett or Kenilworth, 111., an adopted daughter, and sought to restrain the Union Trust Company of Indianapolis, trustee, from carrying out the will’s provisions.

CHANGES MADE IN CAR ROUTING BY WORKS BOARD Riverside Line to Turn South From Washington at Meridian. SEWER BIDS ACCEPTED Riverside street cars were ordered rerouted downtown in accordance with the recommendation of the mayor's street car rerouting committee by the board of public Works today. The Indianapolis Street Railway Company was notified that the Riverside cars should be turned south out of Washington street at Meridian street instead of Illinois street, as was ordered Monday. In announcing the change the board members stated they intend to adhere stAetly to the committee’s recommendations. The Monday order differed from the committee's plan because of written dlre.’ticn from Mayor Samuel Lewis Shank. The board heard a protest against any change In the present routing of the Riverside cars from a delegation representing residents of the Riverside X’ark neighborhood and t.nnounced that the change will be effected as ordered but that the property owners will be given a public hearing at some later date, to be fixed when Mayor Shank returns to the city. The present downtown route of the Riverside line is south a Illinois street from Indiana avenue to Washington street, west In Washington street to Capitol avenue, north in Capitol avenue to Indiana avenue and thence out Indiana avenue. The board on Monday ordered the route changed as soon as possible so that It would leave Indiana avenue at Blake street, go south in Blake street to New York street, east to West street, south to Washington street, east to Illinois street, south to Maryland street, west to Capitol avenue, north to Washington street and thence to Indiana avenue by way of Washington, West, New York and Blake streets. The route now ordered ip force is the same as that ordered Monday excepting that the cars will turn south out of Washington street at Meridian street in(C'ontlnued on Fage Eleven.)

POLICE BREAK . UP PLANS OF JITNEY PILOTS Attempts to Operate Busses Result in Arrest of Two Drivers. Efforts of about thirty Jitney bus drivers to operate jitneys today in violation of tha city ordinance prohibiting opera tlon on streets on whlcn'there are car tracks and making other regulations, were broken np by the police. As soon as Capt. Michael Glenn, head of the traffic department, was informed that tho Jitneys were operating he ordered a number of policemen to stop them. Two arrests were made immediately after the order was issued. The men arrested are R. S. Wright. 37, 121S North Beville avenue, and Frank Lane, 34, 840 East Minnesota street. Both were charged with violating the Jitney ordinance and were released on bonds signed by Fred R. Bonifleld, attorney for the Jitney Drivers’ Protective Association. According to reports made to the police most of the jitneys were operating on South Meridian street. ASKS CHANGE OF NAME. A petition filed in Circuit Court today by Thaddeus Alexander Sleszynski asks that his name be changed to Thaddeus Sleszynski Alexander.

nated, but which were shown by the record not to be true at the time this case originated. STATEMENT ON EA OH QUESTION rROYIIJED. In presenting his pet'tion for rehearing Mr. Kilgallen cites the constitution of the State of Indiana as follows; “The Supreme Court shall, upon the decision of every case, give a statement in writing on each question arising in the record of such case and the decision of the court thereon.” He then shows that, although the foregoing error was assigned as a reason for the reversal of the lower court the Supreme Court declared that the only questions before it were whether the information was sufficient an* whether the appellant's answer purged him of contempt. The importance of the propostion which was ignored by the Supreme Court to the defendant is discussed at length (Continued on Page Four.)

NO. 215.

After the death of Mr. Long. Mrs. Sarah C. Long, the widow, accepted the terms of the will and was about to comply with its provisions when she herself died. The Appeals Court ruled, since the widow had accepted the provisions of the will, the action brought by the two women is invalid. MAKES MASY PUBLIC BEQUESTS The will of Henry C. Long which was filed for probate In February, 1901, following Mr. Long’s death .at Phoenix, Ariz., Jan. 19, 1901, made several bequest* for public and charitable purposes and left the residue of ?iis estate for the erec- . tion of a girls' school or college in Indianapolis. This residue, which has been held by the Union Trust Company as trustees, now amounts to about SOOO,OOO, it is understood. The will provided the money should go toward founding and maintaining the school. It provided the school should be built and operated under the direction of ten trustees, six of whom were to be chosen from the elders and deacons of the First Presbyterion Church of Indianapolis, two to be appointetUby the Governor of Indiana, and two to be appointed by the mayor of Indianapolis. In outlining the policy to be pursued in the conduct of tho school, the will said: “It is my intention and my will that said school shall not be sectarian either in its teachings or example, but that a broad general and liberal spirit of Christianity, such as shall not be antagonistic or repugnant to the feelings and convictions of any intelligent Christian person, shall prevail throughout said school and college.” Among the other bequests of the will were $15,C00 to the board of domestic missions of the Presbyterian Church, of America, SIO,OOO to the city for the erection of a bronze statue of Abraham Lincoln in University Square, $3,000 to the Katherine Home for Aged Women. $2,000 to the Indianapolis Home for Friendless Women, $2,000 to the Y. M. C. A„ and $2,000 to the Indianapolis Orphans’ Home. The bequest for the Lincoln statue was incorporated in the De Pew Memorial fountain in University Park, it is understood. The Long estate was situated in Marion. Morgan and Hancock Counties. The suit which was filed in Federal Court last spring asked an injunction to prevent the carrying out of the terms of the will. An attack was made spe- ! ciflcally on the bequest of $500,000 for tho establishment of a school for girls. It was said to be indefinite that it I could not be carried out, and the statement was made that the trustees named to administer the bequest never had taken any action. Furthermore it was alleged that the sum was too small for the purpose. When the case was argued In Federal Court here it was ordered dismissed for want of equity. Litigation also resulted over the estate of the widow of Mr. Long, records in the Marion County Probate Court show. On Dec. 12, 1917 ,a Jury failed to agree. The differences were later settled by compromise. The provisions of the will can not yet be carried out because of a suit filed last year in Probate Ccnirt and still peuding •asking that the duties of the trustees appointed to construct the school be set out and asking that the Union Trust Company convey the property to the trustees. The suit was filed by the trustees against the Union Trust Company. The trustees, who were appointed under the provisions of the will about two years ago are: Mathias L. Haine s.John F. Wild, Henry M. Dowling, Evelyn Holliday, Evans Woollen, Lewellyn McWblrter, William N. Wlshard, James W. Lilly, David Ross and Charles P. Emerson. The case has never been brought to trial but has been held up pending Federal litigation.

Eastland Disaster Claims Disallowed SPRINGFIELD, lU., Jan. IS—Claims involving millions of dollars filed against the State by relatives of those who died in the steamer Eastland disaster at Chicago in 1915, were disallowed by the State Court of Claims of Illinois, it was announced here today. The claims have been pending since 1917. Woman, Who Accused Husband, Is Dying PARIS, Jan. 18.—Mrs. Audrey Creighton Ryan, 22, California girl who accused her husband. Thomas Ryan mt Muskogee, Okla., of forcing her at tlw point of a knife to swallow three mercury tablets, was still living In the American hospital at Neuilly todav, but no hope was held out for her recovery.

“SAY IT WITH A TIMES WANT AD” SIR WALTER RALEIGH’S CREDITORS. were growing insistent. His poker debts were enormous. The situation was serious. His eye fell upon the muddled cloak which that very moruing had saved Queen Elizabeth a public footbath. “I'll pay the bloomL.g b’ightersl” he chuckled. Next day he had disposed of the garment for a tidy sum to a dealer in relics through an Ad iu the Times Classified Columns. MA in 3500. Classified Adv. Dept.