Indianapolis Times, Volume 34, Number 217, Indianapolis, Marion County, 20 January 1922 — Page 19

NEWSPAPERMAN CHARGES COURT RULING UNFAIR (Continued From 4age One.) having published pertained to a case which the prosecutor had publicly stated had been dismissed and which, therefore, was a proper subject for criticism which could not interfere with the due administration of justice. It is the law In this jurisdiction that the facts set up in such an answer to a citation for contempt must be regarded as true and the Supreme Court of Indiana said In the case of I*lshback vs. ate: “The Judge himself can not assert facts existing in his own mind as against the answer. In this the rule differs materially from that in case of a direct conte in pc. The defendant has verified an answer which constitutes a good defense. The court in such proceedings must take it as a verity If the judge believes the facts stated are untrue, that issue may be tried, and the judge can testify to the facts within his knowledge in a proper prosecution." The trial court, Intent on punishing an Innocent man for the act of another which in Itself was not punishable, disposed of these three valid defenses to the citation as follows: 1. The court held that since Kilgallen had testified on March 12, 1919, that he assumed responsibility for everything in the Times his sworn statement on April 7, 1920, that he did not have the responsibility and authority for everything in the newspaper was false. 2. He ignored absolutely, both la his findings and his judgment, the issue raised as on the facts that the cause on which the alleged contemptuous criticism was raised was not pending at the time of the publication of the alleged contempt. An apeal was taken to the Supreme Court of Indiana and in deciding that appeal the Supreme Court ruled that the answer mace by Kilgallen was not sufficient because it was in three para--graphed and the verification of it was At the end of the third paragraph “and Khls affidavit cannot be considered as a verification of each paragraph of the answer!” Thus, the Supreme Court ignored the fact that Mr. Kilgallen; 1. Did not write, publish or cause to be written or published the alleged contempt. 2. That he did not have the authority to prevent the writing or publication of the alleged contempt. 3. That the article was not, a contempt because It did not pertain to a cause pending in the court. The Supieme Court further found, although it is difficult to ascertain why it should so find in this particular case, that “The publisher of a newspaper cannot exonerate himself from liability to punishment for contempt in case an ar- [ tide reflecting on the courts Is published j In his paper by denying that he had knowledge of the article prior to its pub- 1 lication. PUBLISHER MCST EXERCISE CAPTION. “It is the duty of the proprietor of a ] public paper that may be used for the j publication of improper communications, to use reasonable caution in the con- I duct of his business that no libels j be published. * * •’* Mr. Kilgallen was not the “publisher" ; of the Times and It >was not so charged 1 at any time' in the c}(se, consequently It could make no difference to him what j |the duties or liabilities of the “publisher” were, and he certainly never I should hate been convicted because of any failure on the part of the pub- 1 lisher. But, as a result of the two decisions, one by a lower court intent upon conviction and one by a higher court which failed to decide all the Issues raised, Mr. Kilgallen stands the victim of a miscarriage of justice in which he was sentenced to Jail because another person, over whom he had no control prepared and caused to be published an article the preparation and publication of which Mr. Kilgallen was powerless to prevent. It is with a view to calling the attention of the Supreme Court of the State to the injustice that has been perpetrated that Mr. Kilgallen has petitioned for a rehearing of the case and has caused an extensive brief to be filed for Its perusal.

ii The New Records Are Out for February IG-Inch Brunswick Records, Now 75c Many snappy, catchy, swinging dance hits that just won’t let your feet behave — stop at the Brunswick Shop and hear these wonderful Brunswick Super-Feature Records today. The Brunswick Artists know how to put thrills in dance music. Then, the Brunswick Phonograph plays them right. Brunswick Phonographs Priced $65 to $750 Convenient Terms A Store —and More 124 N. Penn.

There Are Some People —Also Some Dogs

By JAMES E. ISGRIGG. Os all the brute creation, the most sincere and firmest friend of man, is the dog. Nothing can change its constancy. A few weeks ago the police found the dead body of Pang Sal Hue. Chinese laundryman, guarded by a little white! poodle dog. What other animal would j have shown such devotibn? Take any other animal you will, and : the fact is incontrovertible that its af- | section for its master a/ises not from j inherent love, but from mercenary mo- i lives. With the dog it is not so. Its devotion to those in whose charge it finds itself, is true and unselfish. Harsh words and harsher treatment are alike received with submision, and whether it receives the crust that the begger despises, it is contented with its lot. Barronne De Stael in the eighteenth century wrote. "The more I see of men j the better I like dogs.” This was a severe indictment, but nevertheless 300 Tacoma (Wash.) citizens recently signed a petition to the city council asking that the community be saved from a direful fate at the hands of mar’s historic friend. I, for one, would rather take my ; chances among the “hands” of 300 dogs than I would among the “paws’’ of those 300 Tacoma citizens. So the indictment stands even to this day. I will not endeavor to write an eulogy on the dog, because such an effort, compared to what already has fallen from . pens of others, would he but as winter’s j withered leaf in contrast with summer’s gorgeous foliage, hut 1 take this opportunity to state that the one absolutel> unselfish friend a man can have in this selfish age is his dog. When riches take ■tying and reputation fails to pieces, the dog Is as constant in its love ss Don Juan was as cold an unenterprising. GRATITUDE DOG’S LEADING PRINCIPLE. Gratitude is a dog’s leading principle, supplvlng first the spring- of allegiance to its master, and ever after reconciling it, with true magnanimity, to take evil from the hand from which it has accepted good. A dog feels anger and sorrow precise- I ly as a human and after provocation it is sometimes vindicative and sometimes placable, according to its individual character. A dog is susceptible of hatred of the bitterest kind. It is so excrniatlngly jealous that its life becomes a burden in the presence of a favored rival. Its envy continually leads it to eat what it does not want lest another animal should take it, and to illustrate: “The Dog In the Manger.” Regret and grief it feels so deeply that it often breaks its heart. Fear is a passion that dogs exhibit with singular variation—some breeds and individuals being very timorous, and others perfect models of courage. A greyhound has been known, after breaking its thigh, to run on till the course was concluded. EVIDENCE OF SENTIMENT. And ns to hope, no one can observe th dog, waiting for Us master’s step as in Landseer's picture of expectation, or ‘he little white poodle guarding its dead master's body, waiting for his voice, without admitting that it knows sentiment as w •!! as we Pride may be felt in the quickened heartbeats of any dog, even the variest cur, when caressed and praise.d. That dogs have personal vanity np- |

“A penny saved is a penny earned,” says the old adage. Here in this store the savings run into dollars, and the motorist who has not acquainted himself with our unusual values Is spending his money without thought of getting the most for it, ,

Special for Saturday 6y| 30 x 31/2 Curds If ""

Random Articles From Our Special Bargain Table i/2-lnch Bethlehem Spark Piugs J$ 1914-1916 Ford Fan Belts 100 Firestone Cementfess Patches • • • -5^ Bottle of Hoffman’s Furniture Polish 15ft Uzum Hand Soap 5$ Arvin Heaters for Fords, $1.25 DENATURED Alcohol Guaranteed 188 Proof 45c Chcsli.

GUARANTEE TIRE AND RUBBER CO. 211-213 South Illinois Street. C. W. MINE SINGE It, Pres. TV. TV. KIHN, Ser.-Trras. TVe will ship all Items on thisjjoge, except the alcohol, postpaid to any adj dress within 300 miles of Indianapolis.

pears from the fact that they are so manifestly dejected and demoralized when dirty and ragged by long exposure, and recover their self-respect immediately on being washed and combed. Chivalry and magnanimity may nearly always be calculated upon In a dog;— wife beating is an offense to which the dog never descends. Asa baby crows with glee at “80-peep,” ao a dog barks with delight at “Go-fetch." rastly, faith in a beloved superior is perhaps the most beautiful and affecting of al) the attributes of a dog. QUESTION OF SOULS. “Is Isn’t orthodox to ascribe a soul to a dog, If soul means Immortality,” wrote Mr. Harding, (now President), then the editor of the Marlon Star. Well, perhaps it isn’t quite in accordance with the formularies*of any particular church to attribute immortality to a dog. Some years ago I read of an old head forester. who, being left a widower at an early age, and without children, had lived alone for more than thirty years, in a noble forest of East Prussia. His only companions were two servants, with whom he exchanged merely a few necessary words, and a great pack of different breeds of dogs, with which he lived in perfect psychic communion. Through many years of training this keen observer and friend of nature had 1 penetrated deeply into the individual “souls" of his dogs, and he was as convinced of their personal Immortality ns he was of his own. Some of his most intelligent dogs were, in his impartial and objective estimation, at a higher stage of psychic development than his old stupid maid and the rough, wrinkled man servant. Any unprejudiced observer, who will stndy the conscious and intelligent psychic activity of a well bred bird dog, and follow attentively the physiological processes of its thought, Judgment and reason, -will have to admit the dog has Just as valid a claim to imortality as man himself. Retail Lumber Men Make Dye President Willis B. Dye of Kokomo was elected president of the Retail Lumber Dealers’ Association at the close of its aonventlon at the Claypool Hotel yesterday afternoon. Oth'*r officers elected are; Charles Wolflin of Evansville, vl*> president; Clayton D. Boot of Crown Point, score tary, and B. M. Forbes of Indianapolis, treasurer. Directors elected to serve for a two year period were G. W. Osterhuge of Vincennes, O. D. Haskett of Indianapolis. Ed Munger of Lafayette and Mr. Forbes. A banquet and dance concluded the convention. Raise SI 55,000 Here A total of $155,000 has been raised in Indianapolis for tho work of the American Jewish Relief Committee in Eastern and Central Europe, according to an announcement of tho local committee at the termination of tho local campaign for funds. T)R| State campaign will be continued for another week In an effort to reach the State quota of $400,000. Tho local fund was raised by numerous teams of workers.

MAJESTIC TI.R ES Standard Cords RIBEED TREAD 30x3'/ 2 $14.00 32x3'/ 2 i $16.50 32x4 .* $21.00 33x4 1 $22.50 34x4 $23.00 32x4</ 2 $2 7.50 35x4i/ 2 $28.75 36x4i/ 2 $30.00 33x5 $32.00 35x5 $34.00 37x5 $35.00 Fabrics 32x3'/ 2 $11.75 31x4 $13.00 32x4 $15.90 33x4 $16.00 34x4 $17.50

INDIANA DAILY TIMES, FRIDAY, JANUARY 20, 1922.

PICTORIAL REVIEW v PATTERNS Show the newest trend of the modes. —First Floor, Northwest.

SB, $lO, sl2 and sl4 Pumps and Oxfords FOR WOMEN 4 Military heels, baby Louis and high French heels. The greatest sale of footwear in our history—purchases of commanding - size and to fine advantage, result in a record-breaking event. Only the finest grades of footwear are carried here—only those from makers with reputation for the fine, beautiful and lasting in footwear for women. * , —-Third Floor.

Just Received Another Shipment Primming Laces Special at, ¥"* Yard— We were fortunate in securing another shipment of those wonderful trimming laces that sold like the proverbial "hot cakes" last week. 'These are Just as remarkable values, excellent qualities In wash laces from 1 to 4 Inches wide, suitable for undergarments, art work, curtains and pillowcases. —Cotton cluny laces —Real linen torchon laces Filet crochet laces —Mercerized torchon laces Yard b<* —First Floor, Northeast

— THE BASEMENT STORE-'j|jpjj!jgjj s ?(\ T’%RECORDS CQ r flw LATEST HITS AND I STANDARD FAVORITES I3SI Ar*" TWO FOR SI,OO. ! J TO-lnoh double fare. NEEDLES, Off jjjf Two *el Uons ou HKh. 4 package*, ZDC 1 fir Me to Sleep. Why Dear. R Dapper Dan. Bimini Bay. J&k eiL Ju * ,t “ .V", I '* * nt 5, I Mammy. JMSjA F Mm ’ ” ntuea. Arkaii* Bluea. ■Jraaßji. JL * r " Little Finger*. Remember the Rose. it My Sunny Tennessee. when the Honeymoon Was (h f r. HhyTSj&ifflai-IBKJBjfI .. When Shall We Meet Again? t,-r -Mile iy& An By Myself. old Pai. “ IIHF IBa I U under If You Still Care for Me? O Come AU Ve Faithful. WjSf ,ra, ‘ Barnes with Me. Joy to the World. FJ-Mf TtV 7 hat's How I Believe in You. That Naughty Walt*. Mjm Little ( rumba of Happinese. The Rosary. Kitten on (he Key*. Holy City. /JP the of ,h World Go By. Mother’s Hands. th ® Trail to Home, Sweet l'oo-Hoo. li“tne. Everybody Step. Silver Ihr cads Among the Gold. leave Me With a Smile Say If With Mimic. Mr Wild Iri,h Kose. ANOTHER GOOD “HIT” ON THE REVERSE OF EACH SELECTION ABOVE. If you don t see what you want listed above, ask for it, as we have hundreds of other records. We also have a complete player roll and sheet music department. A WONDERFUL ASSORTMENT OF PLAYER ROLLS (4 FOR $1.00), EACH, 30c - DAYS FADE AWAY-1 V \NT YOU” “EILEEN,” -Worn 3d Killan l\\o beautiful waltz song rolls. Special for Friday and Saturday, while supply lasts (2 for $1.50), each ~ 79£ YOU CAN TELEPHONE ORDER. " ' MUSIC DEPT.-BASEMENT.’ On Sale Saturday for the First Time! S3O, $35, and $lO PLUSH COATS

School Dresses for Girls Sizes 7 to 14 years. Clearance of all our broken lines. Fine two-piece wool jersey dresses; has the new Peter Pan collar and cuffs, full pleated skirts; or fine wool serges In sailor frocks and the more dressy models; $5.00, Hv < ti* $6.00 and $9.75 qualities.... U/l/tvO

ffi WH. BLOCK C? Hart Sthaffner * Marx guaranteed Clothes for Men, Young Men and Boys (8 to 18)

For Women and Mines *24™ *i *29^ i he Basement Store has long been famous for its large distribution and mastery of the plush coat business. Therefore, when it undertakes a sale it may he depended upon to be one of extraordinary \ nine giving. It s a sale that will be of interest to the foresighted woman who has delayed buying her winter coat with the thought of buying when the best values were obtainable, need wait no longer. Now Is the opportune time, for these coats can not be duplicated this seasoii or next winter at- this price. Think of buying such fine reputable plushes as Sa ts Peco Plush or ARCTIC SEAL PLUSH—in fact to say more about their quality is needless when such qualities like the above are named. Generous deep fur collars of Australian opossum, black dyed opossum, natural opossum—in fact, the collars alone could not be duplicated for less than sls to S2O. Every coat is beautifully silk lined. Styles are those in preference, namely full flare models with belts that may be worn either in or out. Special Saturday, $29.75 and $24.75.

Sweaters for Women and Misses TWO-PIECE BRUSHED WOOL SKATING SETS Cap and scarf to match. THREE-PIECE SWEATER SETS FOR LITTLE FOLKS Cap, sweater and leggings. We purchased the surplus stock of a large knit goods manufacturer —all the broken lots, all the odds and ends — at prices that are far below wholesale manufacturing cost. We are offering the entire purchase at /ts -a rfe a small margin of profit; $2.00, $2.50, $3.00, $3.50, $4.00 and $5.00 qualities wltVt/

SPECIAL SALE OF OUR ENTIRE STOCK OF Children’s, Misses and Grow- ffjgjggf ing Girls’ High SHOES fSB Sizes to 11. Patent leather, Sizes 11to 2 and 2T£ to 7. S IfPgjgl brown and tan calf lace shoes. Fatent leather, gunmetal, brown Up to $6.00 /tk Cfc 4m* a-nd tan calf lace /fa <Th p* I qualities. Special IL <Ak shoes. Up to $7.60 < ||L at tl/S-re qualities. Special atqDqJ 9 %J SKUFFER SHOES FOR BOYS AND GIRLS. Brown lace. Special j —Third Floor.

SHEFFIELD PLATED 5 PIECE TEA SETS Special for Sat- AQ urday Only t&D.I/O Consists of a teapot, sugar ind creamer and spoon holder. Complete on a large size tray, bright finish. Special $5.98 —First Floor, South.

ENTIRE STOCK OF Women s High Shoes—Half Price SIO.OO quality, one- Aj* no SB.OO quality, one- £Q /\/\ half prlee SJ.UU half price ,„.iJ>).UU SB.OO quality, one- and and n/\ $5.00 quality, one- pa half price half price .. 41Z.0U Made of brown kid, black kid, tan calf, brown calf, black calf.

In Our Model Grocery QUALITY—SERVICE—MODERATE PRICES Exclusive distributors for Indianapolis and vicinity of Park & Tilford’s world’s best food products.

imr A On tale only from 8:30 a. m. to B| |l||*n|| 11 a. m. Sun-lit bread, hot ■_ ISlIkM# from our ovens. All pan breads, ■ including rye, graham and whole wheat One-pound loaves, while supply lasts, loaf.

FRESH PORK LOINS, cut from choice young pigs; fine for roasting; pound

Boys’ Suits, Overcoats and

Mackinaws January <§ n Q Sale Price feT BOYS’ SUITS, 7 to 17 year sizes; full lined trousers, dark mixtures; PQ QQ sale price 4 J.“o Bill S’ OVERCOATS, 2 to 8-year size*. button-to-the-neck style, dark qq colors; sale price fj,“s BOYS’ CORD! ROY SUITS. 7 to 17-year sizes; full lined trousers, narrow Pq no wale corduroy, sale price............ “5 BOYS’ MACKINAWS. 8 to lft-year #, on sizes, best plaids; sale price. 44.*70

Specials in Women’s and Children’s Hose

WOMEN'S PUKE THREAD SILK HOSE, seftiptess foot, fashioned leg. snug-fitting ankles, fully reinforced; black, but for slight Imperfections they would sell at $2.00; all sizes; extra special (3 pairs $2.00), rn pair 09C

HOSE FOR ROYS AND GIRLS, medium ribbed, reinforced toes and heels; black, brown or white; sizes f r 6 to 10; seconds of 25c quality, extra special IDC

BLEACHED SHEETS BLEACHED SHEETS, 81 x9O (no phone orders), extra special 85$ BLEACHED SHEETS. SI x9O, seamless, $1.35 quality sl.lO BLEACHED SHEETS. 72 x9O. seamless, extra special .... 98$ •MOHAWK’’— 72x90 $1.25 81x90 $1.35 SHEETING BLEACHED SHEETING, 81 Inches wide, 75c quality 59c

EXTRA SPECIAL (Six thousand yards) UNBLEACHED SHEETING, yard wide, suitable for general purposes; sells in a regular way for sr.. uv 2 c By the bolt of 40 yards 12$

INSTRUCTIONS FREE In knitting, crocheting, embroidering and lamp uhade making in our instruction room. —slxth Floor.

GINGER SNAPS, from cur Sunlit oyens, 2 lb* 25c COLD BOII.KD HAM, special sweet cured machine Rliced (pound, 42c), %-pound 23c DRIED BEEF, fresh machine chipped, pound.. 49c fresh oysters, large select *tandards from Baltimore In full meaeus,, sealed sanitary cans (quarts, 69c), pints 35# WISCONSIN CREAM CHEESE, pound 28c ROYAL LCNCH EONCOFFEE, our own blend of the finest coffees, perfect aroma and Caver (3 pounds. 95c), pound 32C FLORIDA SWEET ORANGES, dozen SOC

PURE THREAD SILK HOSE FOR WOMEN, fashioned leg, seamless foot, snug-fitting ankles, fuUy reinforced; black, brown and white; fancies, plain and drop-stitch; slightly Imperfect or thev would he selling at SI.OO and $1.50; all sizes; extra special, pair 49c

Beddings and Cottons

MISCELLANEOUS PILLOWCASES—--42x30 inches each.. .28$ 40)4x30 inches, each 25$ 30x30 Inches, each..22s COMFORT SIZE BATTB, 3-pound weight, extra special roll 69$ PLAID BLANKETS, extra large and heavy; attractive color plaids, nice felted finish; SO.OO quality $4,49 BLANKETS, gray body, neat color stripe border—--70x84 Inches, extra special $2.98 00x80 Inches, extra special $2.49 ALL - WOOL PLAID BLANKETS 70x80. full double bed size; steam shrunk various color plaids; last season's price $15.00, Saturday only $8.75 BEDSPREADS, doable bed size, perfect bleach, good range of patterns (no phone orders), extra special $1.49

CREAMERY BUTTER, Sun-lit, delicious, churned fresh from pasteurized cream; pound OI C

PEANUT BUTTER. fresh Bnnllt, made while you wait, pound .. 17< GRAPEFRUIT, fancy Florida*, priced according to size, 13c, 10c and 8C PINEAPPLES, fresh large size, each 2SC MARINATED HERRING , 0 for 39^ WHITE PISH, 1b...854 HOLLAND HER R I NO (keg, $1.15), each 74 FRESH PROM OUR SUNLIT KITCHEN SARATOGA POTATO CHIPS, fneah and crigp, pound 554 BAKED BEANS, lb.. 184 POTATO SALAD, 1b.204 —Fifth Floor.

f\l nr m 1 / f

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