Indianapolis Times, Volume 34, Number 215, Indianapolis, Marion County, 18 January 1922 — Page 3

SUIT CHARGES FEES OF FIRM WERE ILLEGAL (Continued From Page One.) and the majority members over the legality of the contracts, and the' whole affair had become “an issue in the school board campaign last fall. Later Snider & Rotz were re-employed to act as engineers temporarily, and this arrangement is still in effect. The suit, which is filed in the name of the school city, was prepared by Mr. Lesh, on certification of Governor Warren T. McCray of the findings of the State board of accounts in the matter. Incidentally, the findings of the State board of accounts were based almost wholly on reports of Walter J. Twiname, deld examiner of the board, who, it is generally believed, will be elected to succeed Raiph W. Douglass as business director for the board of school commissioners at its special meeting tonight. COMPLAINT IN FOLK PARAGRAPHS. The complaint is in four paragraphs. In brief, the first paragraph charges that the firm of Snider & Rotz, under its contract as engineers, performed duties which, according to law, should have been performed by the superintendent of buildings and grounds of the school board. For these services the firm received $5,615.76. Judgment of $9,000 is asked in this count. The second paragraph charges $13,728.42 was paid illegally to L. A. Snider as building advisor. He was not entitled to this amount, it is alleged, because of conflict of interests arising between Snider as an employe of the board in the capacity of building advisor, and Snider as a member of the firm of Snider & Rotz. Damages of $14,000 are asked. I* the third paragraph it is alleged the Snider & Rotz contract became invalid on the signing of the Snider contract, March 2, 1920, because this contract permitted Snider to pass upon and approve for payment bills of Snider & Rotz, thus creating a conflict of interest. It is stated $37,125.51 was paid illegally to Snider & Rotz in this manner. Judgment of $40,000 is asked. REPAYMENT IS DEMANDED. Repayment of $1,431 alleged to have been paid Suider & Rotz for the preparation of unsatisfactory plans for the first unit of Arsenal Technical High School, is asked in the fourth and last count. It is stated the plans in question were discarded and the unit built according to other plans? In the first paragraph of the complaint in referring to Snider & Rotz contract it is stated: “That said contract attempted to impose upon defendant the duties which by statute are imposed upon the superintendent of building and grounds, towit: supervision of all heating, ventilation, plumbing and drainage or all school buildings, either in use or course of erection or to be hereafter erected. That said contract on account of the fact that it imposed the legal duties of the superintendent of buildings and grounds upon the defendants was ultra virts, illegal and void. “That these defendants have been paid for said services rendered pursuant to the provisions of said illegal and void contract the sum of ($8,015.76) eight thousand six hundred fifteen and 70-100 dollars which sums they still retain for their own use. ALLEGES FIRM REUSED PAYMENT. “That the plaintiff before the commencement of this action demanded of the defendants the re-payment and return of said sum received by them by virtue of said contract, which defendants have refused, and have not either before or since said demand paid the same or any nart thereof. “That said amount paid to the defendants as aforesaid amounting to ($.615.76), eight thousand six hundred fifteen and 76-100 dollars is now due and unpaid.” The second paragraph goes Into the matter of the dual relationship of Snider as advisor for the board and as a member of the firm of Snider & Rotz. After setting out the board had under way a building program to cost about 5>2,000,000 and reciting the text of the contracts the complaint says: “That the construction work mentioned in the contract of March 2. 1920 which under the previsions thereof defendant Snider obligated himself to advise the school commissioners as to the necessity anil need of is part of the same work which defendant Snider, as a member of the partnership of Snider & Rotz. received compensation for under the terms of the contract of Feb. 27, 1919. “That the firm nf Snider & Ilotz, on

We B elieve in Indianapolis Contracting and Building The soundness of a community is reflected in its building activities. During the past year building permits totalling over eighteen million dollars were let in Indianapolis—three million dollars more than during the preceding year, and four times the amount of 1918. Nearly three times as many dwellings as in the preceding year were erected in 1921, a total of 1,825 new homes as against 698. These Indianapolis homes erected in a single year are * capable of housing over B,OCO people, while 44 new apartments with a capacity of approximately 800 more, give the city at the start of 1922 added housing facilities about equal to that of the entire population of such towns as Bedford and Brazil. • / Fletcher American Nationa 1 Bank of INDIANAPOLIS Capital and Surplus, $3,000,000. I

account of the relationship created by the contract of Feb. 27, 1919, would benefit by any increase in the amount of school construction work carried on by the School City and the said defendant, L. A. Snider, as agent of the School City, and as a member of the firm of Snider & Rotz, would benefit by any increase in the amount of construction work carried on. “That said contract between Defendant Snider and the Board of School Commissioners of the city of Indianapolis, In-,, the second day of March, 1920, on account of said conflict of interests was Illegal, against public policy and void. “.That this defendant has been paid for services rendered pursuant to the provisions of said illegal and void contract the sum of $13,728.42, which sum he still retains for his own use. I “That the rlaintiff before the commencement of this action demanded of the defendant, L. A. Snider, the repayment and r&turn of said sum received by him by virtue of said contract, which defendant has refused, and has not either before or since said demand paid the same or any part thereof. "That said amount paid to the defendant as aforesaid, amounting to $13,728.42, is now due and unpaid.” HOW CONTRACT BECAME INVALID. The third paragraph takes up the argument that the Snider & Rotz contract became invalid with the signing of the contract with Snider to act as building advisor. It is stated: “That said contract of March 2, 1920, made it possible for defendant L. A. Snider, as professional advisor, to pass on the bills of Snider & Rotz for services performed under the contract of Feb. 27, 1919, as consulting engineers, and created a conflict of interests between the services rendered by said Snider in such dual capacity. That said defendant Snider, as professional advisor, did pass upon and approve all bills relating to building construction, including the invoices and statements of Snider & Rotz, as consulting engineers, and L. A. Snider, as building advisor. “That, on account of the conflict in interests resulting from the said contracts said defendants, Snider & Rotz, were disqualified to prepare plans and specifications, or to act as consulting engineers after March 2. 1920, the date of the contract with defendant, L. A. Snider, appointing him building advisor and after said date said contract of Feb. 27, 1919 was of no effect, illegal and void. “ILLEGAL FEES STILL RETAINED.” “That these defendants have been paid for services rendered since March 2, 1920, pursuant to the provisions of said illegal and void contract the sum of $37,125.51, which sum they still retain for their own use. “That the plaintiff, before the commencement of this action, demanded of the defendants the repayment and return of said sum received by them py virtue of said contract, which defendants have refused, and have not, either before or since said demand, paid the same or any part thereof. “That said amount paid to the defendants as aforesaid amounting to $37,125.51 is now due and unpaid.” The fourth paragraph deals with the payment of $1,431 for the alleged unsatisfactory plans for the first unit of Arsenal Technical High School. It reads: “I’laintiff avers that in the year 1019 and during the period covered by said contract the defendants prepared plans and specifications for certain work in FOR COLDS Humphreys’ “Seventy-seven” for Colds, Grip, Influenza, Catarrh, Cough, Sore Throat. To get the best results take at the first feeling of a Cold. “40” INDUCES SLEEP Humphreys’ Number “Forty” Induces Repose and Natural, Refreshing Sleep. For Insomnia. Sleeplessness, Wakefulness, Restlessness and Nervousness. No Narcotic, No Opiate, No Dope, No habit forming Drugs, Strictly Homeopathic. Price, SOc and SI.OO, at Drug Stores, or sent on receipt of price, or C. O. D. Parcel Post. Humphreys’ Romeo. Medicine Cos.. 156 William Street. New York. Medical Book Free.

connection with the first unit of the Arsenal Technical School. PLANS DECLARED UNSATISFACTORY. “That said plans were not satisfactory and no contract was ever let for the work set forth in said plans and specifications but that said plans were afterwar changed and revised and that a contract was let. for the work on the altered and revised plans. That notwithstanding the fact that said work was covered by the provisions of said written contract, and notwithstanding the fact that said written contract provided that no pay should be received by defendants for plans and specifications upon which no contract was let, the defendants submit* ed a Dili to the school commissioners for $1,431 for their services in preparing sail plans and specifications upon which contracts were never let and on Jan. 27, 1920, said sum of $1,431 was paid to these defendants which sum they still retain for their own use. That said payment was in violation of the terms of said contract and wholly without right. “That the plaintiff before the commencement of this action demanded of the defendants the repayment and return of said sum received by them as above set forth, which defendants have refused, and have not, either before or s* ■ aid demand, paid the sum or any part thereof. “That said amount, paid to the defendants, amounting to $',431, is now due and uupaid.” Widow Weds Convict; Loses Her Position JEFFERSON CITY, Mo., Jan. 18.— Mrs. May me Wad ley, a widow, and deputy clerk in the United States District Court here, who married Frank Jandro, convict at the State penitentiary, has been asked to resign by E. R. Durham, clerk. Jandro is a trusty at the prison and was allowed to drive one of the officials’ automobiles. He wooed and won Mrs. Wadley. They eloped to California, Mo., and were married. Mrs. Wadley said Jandro posed as a government official and she did not know he was a Convict. “DIRTY LOOK” NOT OFFENSIVE. ST. PAUL, Jan. 18.—“ Dirty looks” do not justify arrest. This wag the opinion of police today who held two National Guardsmen for attempting to arrest two men at the Orpheuin Theater last night who gave them “dirty looks.”

VICTOR RECORD Prices Reduced

Sealed Records —that have never been played—on sale only at Taylor’s You would not knowingly pay full price for a pair of shoes that had been worn many times. It is just as unfair to you to pay full price for a Victor Record that had been used in a demonstrating room or sent out “on approval” to many different customers. YOU GET ONLY NEW RECORDS AT TAYLOR’S, because every record we sell is scaled in its envelope when received from the factory, and'is never played until you break the seal in your home and play it for the first time. Get full value for your money. Buy sealed records—only at Taylor’s. Hear These Late Hits—on Saie at Lower Prices: 18820 ( VV abash Blues Benson Orchestra 7>y | luck Me to Sleep Benson Orchestra 18833 ( June Moon Benson Orchestra 75 < l |No One’s Fool f? Benson Orchestra 18831 f The slieik Cluh Royal Orchestra 7ZC ( Dapper Dan .Club Royal Orchestra 18826 ( Everybody Step Whiteman's Orchestra 75C ( Ka-Lu-A Whiteman’s Orchestra 35706 Eady Billy Smith's Orchestra •51.125 I Sally Smith’s Orchestra 35704 j Snap Your Fln S ers Whiteman’s Orchestra 51.35 | Caresses Whiteman’s Orchestra 18330 | Ten Little Fingers and Ten Little Toes Murray and Smalle 75£ j When Frances Dances With. Me Ada Jones and Murray 18832 j 1 M y Mammy Peerless Quartette I Mandy N' Me American Quartette 18799 Got tbfc Joys r Stanley 75<- Strut Miss Lizzie American Quartette 18805 i wlie n llu ‘ Honeymoon Was Over Henry Burr 75<t | Jealous ol! You Robyn v A j* Superior Record Service Si In our convenlentl y located Victrola Department, just a few // i mlf steps inside our front doors, you will find a record service that is V Cerent. ILS/ Jet You will find our'corps of qouteous salespeople always ready _ B to serve y° u quickly and pleasantly—to offer suggestions if you (j/ 20 West are ln doubt — and to play an y tbin s you wish to hear. jfjr Washington Won’t you step in when passing and let them play the latest r Street numbers for you? No obligation to buy. \ ' =. Carpet C ll = —-•==

INDIANA DAILY TIMES, WEDNESDAY, JANUARY 18, 1922.

FOLLOWS PLAN OF FRANKLIN Library Provides for Thrift Week Observance. The Indianapolis Public Library is following close on the footsteps of Ben Franklin, founder of the first circulating library in America, in the observance of thrift week, Jan. 17-23, 1922. Everything to make the science of thrift easier for the reading public Is available in the form of lists and pamphlets for free distribution and in the collection of books on the subject of thrift which are being displayed at Central Library and all its branches. Foremost among the printed lists is one by Ruth G. Nichols, librarian of the Federal Reserve Bank of Chicago, which gives a large number of books and pamphlet on the subject of thrift. Another pamphlet of distinct value to teachers which is published by the United States Treasury Department and which may be obtained in the children's room, the schools division or the teachers’ special library Is an “Outline for Teaching Thrift in the Public Schools.” In addition to the printed lists the library is recommending the following books as especially valuable to persons interested in the subject of thrift from the standpoint of their own personal expenditures : “Successful Family Life on a Moderate Income,” by Abel. “Thrift iu the Householdby Hughes. “Household Budget,” by Leeds. “Spending the Family Income,” by Donham. In the circulation department at Centra! Library also may be seen a collection of thrift posters lent by the Commercial National Bank, effectively displayed against the railing back of the loan desk. Co-eds ‘Brighter’ Than Males at Purdue Special to The Times. LAFAYETTE. Ind., Jan. 18.—Collectively Purdue University’s 300 co-eds are ‘‘brighter’’ than the 2,500 male students

Tlie world’s best entertainment always obtainable through a Yictrola and Victor Records at a small cost, is made even less expensive by today’s cut in the price of Victor Records. Records by a vast majority of the most popular artists arc affected by this cut, which means you can now buy— Any former 85c Victor Record, now . . 75c Any former $1.35 Victor Record, now $1.25

of the institution, according t'o a report of the university registrar, covering the semester just closed. The average grade of all students was 81.26 per cent, the co-eds rating 82.77 against 81.07 for the men. On the other hand the Agathon, men’s fraternity, had n average of 87.16 compared with 85.68 for the Kappa Kappa Gamma Sorority, which had the highest intellectual, average for women’s groups. “TotherT - Clean Child’s Bowels with “California Fig Syrup”

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Even a sick child loves the “fruity” taste of “California Fig Syrup.” If the little tongue is coated, or if your child is listless, cross, feverish, full of cold, or has colic, give a teaspoonful to cleanse the liver and bowels. In a few hours you can see for yourself how thoroughly it works all the constipation poison, sour bile and waste out of the bowels, and you have a well, playful child again. Millions of mothers keep “California Fig Syrup” handy. They know a teaspoonful today saves a sick child tomorrow. Ask your druggist for genuine “California Fig Syrup” which has directions for babies and children of all ages printed on bottle. Mother! You must say “California” or you may get imitation fig syrup.—Advertisement.

TOAUQQTT aftOTHERgy I JL V^VfeaMngtfi!i8 i

Fortune Smiles Fine Silk Plush Coats

*for TEN DOLLARS are sure to go early. You ‘ll find coats with collars of Karama, fur or self-trimmed. I I Sport styles; three-quar-iA / ter styles; full length jfjr , / styles 16 to 44. j Remember! the price is just for tomorrow—and Hi the price is quite worth V while.

Special Reduction Sale of Fur COATS FUR TRIMMED BAY FRENCH CONEY COAT SEAL COAT —FuII length SAMPLE Coats, chic sport style; with deep collar lengths, shawl collar, deep of luxurious AA A cuffs. A Rare j7c Squirrel. S2OO value ▼w f\ ” value. Price for . Ld * $125 MARMOT COAT Very smart models of extra fine Northen Marmot Fur. Made in attractive style a* with beautiful lining tpl/tS $l5O RUSSIAN KOLINSKY STOLE $59.50

A Dress Sale! The sort of values that are j making our Dress Section so t . Popular—with thrifty worn- I/ en and girls—s2s Sample 1 . tfl Jr Very Fine Tricotines Smhrt Satins j \ I j Poiret Twills Snappy Broadcloths wM*!; j Chic Spring Taffetas 1 / H A world of them! Every color—Navy j| I /fi blue, brown, reindeer and Sorrento. HI in] The greatest bargains imaginable at only EIGHT DOLLARS. mSSSfwB Wool Serge Dresses \ Just a limited number of Wool /\ Serge Dresses, embroidered or /A braid trimmed; navy blue only. 4 t Splendid dresses for generall all round wear. Sizes 16 to 44. Choose from them A 4 3 Good Items for Stout Women

DRESSES of French Serge; very stylish models; made exactly right to fit the women requiring sizes up to 56. Trimmed or plain tailored styles; regular S2O A* <0 values. Extra spe- fj q 1 cial at

$7.50 SKIRTS —Velour skirts; good frgi* qo models for stout V women /. „...

SEAL PLUSH COATS— Stout women’s handsome Coats made of extra fine quality Seal Plush; full length or three-quarter style. Deep shawl col {g mCA lars, bell shape /•***' cuffs f

The 50 c Column 2 Prs. Bloomers Knit Bloomers for women, pink only; cut generously full, reinforced for wear. Elastic knee mm and waist- L f line tJUC Undermuslins Night-Gowns, envelope chemise, bloomers, well made garments, pm lace or embroid- Li Sg% ery trimmed *]) VV* 4 Prs. Stockings Children’s ribbed stockings, extra nice quality; black or brown. ** Reinforced for wear Boys’ Blouses Blouses made of dark chambray, collar attached styles; soft cuffs, eat Ad extra good value for vtL Tie-Back Aprons Women’s dark percale Aprons, slip-over style with sash backs; neatlj** made with t and g +% pockets tIUL 2 Prs. Bloomers Children’s black sateen Bloomers, elastic waist and knee; good mm /v grade of sateen 2 Aprons Girls cunning little Aprons; made of chambray in pink, rose, mm blue, etc., Polly Prim style tlvi. Women’s Gloves Chamoisette Gloves in 2clasp styles; reinforced fingers; the popu- mg lar shades, and all sizes Lisle Hose, 3 Pairs Women’s -good grade of Lisle Hose, fine quality; reinforced at wearing points; regu- pat />, lar 25c SUP values i/yL Union Suits Women’s Union Suits in pink or white; knee length styles; splendid f* for this kind of weather 2 Infants’ Vests Infants’ Vests in popular fold-over style; very neatly made and mm nicely fin- L j | ished, 2 for t/vv Brassieres Women’s white brassieres, embroidery trimmed; sizes up to 50 are ineluded at this ki |a special price t/V/L Drawers Women’s muslin Drawers, neatly made and trimmed; regular fd and extra H,p l/ sizes tlvv Work Shirts Men’s nice quality blue chambray work shirts; collar attached and made with one pocket. mm a 6 Prs. Gloves Canvas Gloves, gauntlet style and knit wrists. Just right for the a man who does out door work.... 6 Prs. Men’s Socks Every-day socks, several colors to choose from; all good quality and mm a reinforced to give LI |a extra wear JvL 2 Boys’ Caps Just a limited number of boys’ caps, made of good materials; mm <-v popular m $/ styles

Savings for Mothers sls Girls’ Coats, $5.00 All-wool Coats, stylish, youthful models. Belted and loose back styles; sizes 2 to 14 years. $5 Skirts, $2.98 All-wool Serge Skirts; made in stylish plaited styles. Sizes up to 30 waist band.

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