Indianapolis Times, Volume 35, Number 231, Indianapolis, Marion County, 8 February 1924 — Page 1

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VOLUME 35—NUMBER 231

AUTO LICENSE BOOST KILLED

Senator Walsh Renews Bitter Attack on Secretary Denby

Declares Navy Head Should Be Ousted With All Odium Attached, SHAFFER IS SUBPOENAED Sensational Evidence of Denver Publisher Discloses Prior Sinclair Contract, By PAUL R. MALLON United Press Staff Correspondent WASHINGTON, Feb. B.—Secretary of the Navy Denby should be driven out of office “with all the odium that can possibly attach to his going,” Senator Walsh, the Montana investigator who unearthed the Teapot Dome scandal, told the Senate today. Walsh’s attack on Denby followed testimony before the Senate Teapot Dome committee by F, G, Bonftls, publisher of the Denver Post, who revealed: “That Bonfils, with Leo Stack, a Denver politician, had a contract with Harry Sinclair, Teapot Dome leassee under which Sinclair has already paid $250,000 and must pay $1,000,000 more if he wants to drill certain acreage In Teapot Dome. That Stack at one time tried to get Teapot Dome for E. L. Doheny, lessee of the California reserves. That there apparently was a compromise between Sinclair and Doheny by which one was to take Teapot Dome, the other the California re eervea, Walsh’s attack on Denby, delivered soon after the Senate met, was the bitterest yet heard since the Senate began considering the Robinson resolution demanding Denby be called cn to resign. Walsh expressed doubt Denby could be impeached “Stupidity,” he said, “is not a ground for Impeachment. I do not believe Mr. Denby guilty of treason. I know of no evidence upon which he could be convicted of bribery or nnv other high crime or mlsdemeanoi

No Time for Theories “But this is no time to stand upon fine spun theories concerning the exact l:e dividing the domain of the executive from that of the legislative branch of the Government, “A great crime has been committed. The very structure of our Government rocks upon its foundation in consequence of the revelations made In connection with it. There is but one way to restore to it that confidence inde=pensible to Its stability and perpetu ity. namely, to visit upon the perpetrators the extremest rigor of the law and to drive from the public service every one through whose connlvahce or supineness it became possible. “Are you willing, my colleagues, to turn back these great properties into the keeping of Edwin Denby? I am not. “Are you willing to condone the flagrant faithlessness which his administration of his great office as revealed by his own testimony? I am not. Am Not Content” “Are you content to let mm down easy lest sensibilities be offended or political prospects be affected? I am not. , “I yant to see him driven from office .with all the odium that can possibly kttack to his going, that his fate ipay serve for all time as a warning to those who might otherwise fail the republic as he has failed. {“Mr. Denby says the wool was pulled over his eyes. His testimony discloses that it wasn’t much of a trick; that he Is one of those who, having eyes, see not, and having ears, ’.ear not the things that concern their (Continued on Page 15)

GOOD MANNERS Bow on Being Introduced vyr HEN Introduced, a man and W a woman bow to each other ■ ■■■—d slightly. They do not shake har.ds unless she offers hers. Etiquette comes up on every occasion, formal and informal. It reveals the polished and betrays the forgetful. Etiquette, good manners, what to do, how and when—on It depends the impression every man and woman makes on others. It is a most important habit for both sexes to cultivate. Little lessons, like the one above, will be printed hereafter on the Woman’s Page of The Times. READ them, CLIP them. SAVE them.

The Indianapolis Times

Fire Extinguisher on Wrecked Car Empty, Survivor Is Told Union Traction Head Says Regulations Call for Inspection of Blaze Fighting Equipment Every 1,000 Milse.

FI IRE extinguisher on the trailer of the east-bound interurban in the wreck near Fortville last Saturday was not in working order, statement of Claude Miller, automobile mechanic, 1262 W. McCarty St., indicated today. The Union Traction Company says it keeps two extinguishers in each car and inspects them at regular intervals. Miller said he thought the fire in which several persons were burned to death after the wreck might have been prevented had the extinguisher been in good order. Miller, with his wife and baby, were in the front part of the trailer. He hustled out of the trailer immediately after the crash. “It’s Empty,” Rescuer Says In about three minutes, seeing smoke arise from the parts of the two front cars jammed together, Miller said he and another man, whose name he does not know, rushed into the trailer to get the extinguisher. “The man took the extinguisher down from the rack, tried it, said ‘lt’s empty,’ and threw it out the window,” Miller asserted. “Then I took clown the water cooler, to find it contained about one inch of ice and perhaps a pint of water.” Miller has been subpoenaed before Coroner Jesse A. Ilclbert at Anderson Saturday morning. Because of lack of money the Union Traction Company has been replacing old wooden cars with “bargain” part ste#l and wooden cars, according to Arthur W. Brady, president.

Wrecked Cars Wooden The cars which piled up in the tragic crash were wooden. They were ignited from heaters and from blazing motion picture films being shipped from Indianapolis, with the result that an undetermined number of persons wero burned alive. w The last steel cars bought by the Union Traction Company were ten acquired in 1913, according to Brady. Sixty-four Wooden cars arc in operation. The suggestion has been made that if an adequate number of fire extinglishers had teen carried on the wrecked cars some of the lives might have been saved. Brady Says Inspections Are Made Brady said that Union Traction regulations call for two fire extinguishers on each interurban, one* in front and the other in the rear. These are refilled once every six months and inspected with the rest of the car every 1,000 miles, he said. Inspection consists of shaking to determine whether the can is filled, Brady said. Brady said there is no question that a shipment of motion picture films was in the baggage room of one of the ill-fated cars. He said they were carried legally, since there was no indication they were not properly incased. Block signal systems in the wreck block had not been in operation since Dec. 28, the traction head said. Light wires were being replaced with high tension wires and the block was to have gone back into service Sunday, one day after the wreck, he said. The signal system is in operation now, he said.

FILM ACTRESS IS BOUND; MURDERED Body of Girl Found in New York Apartment, Bu United Press NEW YORK, Feb. 8. —Bound, murdered, with evidences of criminal attack, the body of pretty Louise Lawson, film actress, was found in her luxurious West Side apartment by a colored maid today. \ The actress lived alone, with a police dog. Neighbors heard voices outside her apartment this morning, which they took at the time to be those of expressmen. They heard Miss Lawson admit two men. Later, when the maid entered the apartment. Miss Lawson's body, scantily clad, lay sprawled across the bed. Tape and towels had been bound across her mouth, the leash from her police day partly bound her. Police are Investigating the possibility that robbery was the motive. INSURANCE UNION ELECTS John Miller, Newcastle, is the new president of the Mutual Insurance Companies’ Union of Indiana which closed its twenty-eighth annual convention at the Claypool at noon. Other officers: J. P. Branaman Bedford, vice president, and H. L. Nowlin, Indianapolis, secretary-treasurer. A resolution was adopted approving the work of Newman T. Miller, State Are marshal, who addressed the session Thursday.

CIVIC LEAGUE ELECTS M. M. Bonewitz Heads Washington Township Organization. M. M. Bonewitz, Washington Township, is the president of the newly organized Washington Township Civic League. Other officers elected Thursday night are: William Moore. 4550 N. Keystone Ave* vice president: Elmer Nieman, 1804 E. Forty-sixth St., secretary. Edward O. Snethen, president of the Indianapolis Federation of Community Civic Clubs, spoke. WILLIAM WEBB ARRESTED One of Nineteen Indicted in Hawkins Case Found in Texas. William Webb, of Dallas, Texas, formerly head of the Home Builders Association of America, under indictment in Federal Court here on charges of using the malls In a scheme to defraud and conspiracy, has been arrested at Dallas, it was learned today. He was released on bond of $5,000. Webb was one of nineteen persons indicted recently in conection with investigation of affairs of the Hawkins Mortgage Company of Portland, Ind.

Oriental Is First Victim of Legal Gas Execution

By United Press C r ”—| ARSON CITY, Nev., Feb. B. Gee Jon, Chinese, died today by w. lethal gas, the first man to be executed by ‘‘the sleeping death.” At 9:37 a. m. three guards marched with the Chinaman from the condemned row of the State penitentiary, forty yards across the prison yard to the lethal chamber. He walked quietly with practically n# fuggestlon of nervousness. lAie door was closed behind him and he was bound hand and foot to a heavy metal cot. The process, all of which had been thoroughly rehearsed, required by a moment.

INDIANAPOLIS, FRIDAY, FEB. 8, 1924

Wearing Gap and Gown of Seniors for First Time at Butler’s Founder’s Day MISS MARY KATHERINE WISE (LEFT) MISS IRMA DYKES

‘l’m Going’ Bu United Press PARIS, Feb. B.—"l’ve stood enough. I’m going,” shouted Premier Poincari? in the chamber of deputies this afternoon after some particularly hitter and personal heckling by Communist members. Poincare stalked out of the chamber followed by his cabinet and the session was suspended by the President. There was an uproar In the chamber. Finally the premier returned and the session was resumed. Deputy Peret pleaded with the Communists to cease personal invectives. Applauded by a majority of the deputies Poincare did not resign.

STATE FINANCE MUDDLE WORSE Motor Fee Decision May Mean More Large Loans, The decision of the Supreme Court holding the automobile license law unconstitutional added greatly to the demoralization of State finances today. The law that was declared Invalid provided that the Inheritance tax fees should go to the general fund. The old law, which now becomes effective, provides they shall go to the highway commission. Under the new law $650,303.43 had been turned over to the general fund from inheritance taxes. This decision will make necessary the payment of this money to the highway department. The balance in the general fund is less than $50,000. If the money is retqrned to the highway department, more large loans by the State will be necessary.

PAT INCREASE FOR POSTMENFAVORED Federated Clubs Adopts Resolutions Urging Raise, Resolutions favoring the Increase in salary of mail carriers employed by the Government of the United States in "order to maintain efficient service," were passed at the meeting of the hoard of directors of the Seventh District of Federated Clubs this morning at the National City Bank building. Letters explaining the indorsement of the resolutions will be sent to Indiana Senators in Washington, Mrs. John T. Wheeler, president of the Seventh District, announced. Plans were made for the Americanization program Feb. 15 at the Severin. Mrs. Isaac Born is in charge.

Immediately when the death chamber door was locked three guards spun wheels which turned the valves. There was a hiss of the poison gas rushing under pressure through the conduits and into the cell. Watchers at the death house windows saw only a slight tremor of the body and then the man's head fell suddenly to the right side and the doctors declared he was dead. Three minutes elapsed between the time the gas was introduced into the death chamber and the time the physicians made their preliminary announcement of death.

UTLER College seniors donned the cap and gown for i— the first time Thursday at the Founders day celebration. Among these tvere Miss Mary ICatherine Wise, Middletown, Ind., member of the Delta Delta Delta Sorority, and Miss Irma Dykes, Darlington, Ind., member of the Pi Beta Phi Sorority.

SPEAKERS TO BE DINED Associated Employers .Arrange Banquet at Atliietic Club. Directors and committeemen of the Associated Employers of Indianapolis will entertain Dr. Gus W. Dyer, Vanderbilt University, Nashville, and Jacob H. Rubin, Milwaukee, Wis., with a dinner at the Indianapolis Athletic Club at 5 p. m. today. The men will speak at tho twentieth annual meeting of the employ era at 7:45 in the K. of P. Bldg. Rubin will talk on “Russia, the Truth From Within” and Dyer will talk on "Economics of Industrial Relations." A meeting of the twenty-four directors will he held next Wednesday. Officers will be elected. MRS. M’ADOO IS ILL Race M ith Death Across Continent Prostrates Wilson’s Daughter. 81 / United Preen WASHINGTON, Feb. B.—Mrs. William G. McAdoo, daughter of the late President Wilson, was under the care of Dr. Cary T. Grayson today as the result of the strain suffered during a race with death from the Pacific Coast to Washington. They arrived only a fgw hours before his funeral. Mrs. McAdoo was almost prostrated with grief.

SHAW MOTION GETS AID Sister Flics Affidavit Supporting Move to Oust Attorneys. Supporting a motion approved by John Thomas Shaw, colored, con victed slayer of Mrs. Helen Hager to have W. S. Henry and J. K. Brown, colored attorneys, barred from participation in the case, Mrs. Lucile Conley, sister of Shaw, has signed an affidavit filed with Supreme Court by Clyde P. Miller and Russell B. Harrison, white attorneys. An appeal to the Supreme Court and petition for stay of execution have been sponsored by Henry and Brown, defense attorneys in the trial. WARMER WEATHER DUE Tldrty Above Predicted for Late Today and Saturday. J. IL Armington, meteorologist for the local weather bureau predicts a slowly rising temperature for today and Saturday with perhaps the lowest at 30 dtgre-s above zero. The maximum fall for the last twenty four hours was to 16 degrees at 3:30 a. m. The mercury had risen to 18 at 7 a. m. and at 10:30 it had gone up to 20. ALIBI SHAKES CONFESSION Bu United Press CANTON. Ohio, Feb. B.—That Joseph Pierce, who confessed to participation in the murder here of Miss Florence Nitzman, Jan. 30, is not guilty of the crime, was the opinion of police today. An investigation revealed that Pierce was released from Erie, Pa... Feb. 1, after being confined there since Jan. 27 as an epileptic.

It Is believed death came even more quickly than that. Thirty persons, mostly newspaper men, watched the execution through the little window in the death chamber. Immediately after physicians said they believed Gee Jon dead a current of fresh air was forced Into the death chamber and later guards entered and brought out the body. The condemned man faced death as he awakened today with only a little mow certainty than of a man desperately ill. He knew the day on which

Entered as Second-class Matter at Postoffice, Indianapolis. Published Daily Except Sunday.

TRACTION WRECK PROBE CONTINUED BY UTILITY BODY Road Officials May Be Examined Here Instead of at Anderson, Investigation of the interurban crash near Fortville Saturday was resumed by the public service commission and representatives of the interstate commerce commission at Anderson today. It was believed all witnesses, except executive officers of the traction company .would be examined today. In this event no further hearings will held at Anderson, hut traction officials will be called to Indianapolis to give their testimony. J. O. Penniston, superintendent of power distribution: R. E. Boyle, dispatcher, and M. V. List, signal maintained all of Anderson, were recalled today. New witnesses were Harry Campbell, line foreman, and Thomas Nlchol, power superintendent, both of Anderson. Quesaions concerning block signals, safety devices and condition of equip ment were believed among those asked. The inquest of Jesse A., Helbert, coroner of Madison County, which was adjourned Thursday because of the commission hearing, was resumed today. Coroner Helbert said he expected to go to Muncie later to see persons who wero In the wreck and call eyewitnesses living at Alfont, where the wreck occurred. It was Impossible to reach a verdict today, he said. Helbert said Ills examination would be renewed at 10 a. m. Saturday. Charles Smith. Madison County prosecutor, is awaiting Helbert’s verdict before calling a grand jury. Helbert said the car crews would be re called in addition to several new witnesses from Marion, Muncie and Indianapolis. Identity of the baby, burned to death in the fire following the sreck. remained a mystery. No inquiries as to the child or Its mother have been received. Helbert said he was con(Continued on Page 15)

PHI GAMS TO BANQUET Two Hundred Expected to Attend .Annual State Affair. Two hundred members of the Phi Gamma Delta fraternity are expected to attend the annual State banquet at the Severin Saturday. Maj. Carl P. Chambers of the Culver Military Academy, and Philip Lyons of "Washington, D. C., will speak. Chapters at De Pauw, Wabash, Purdue, Indiana and Hanover are planning delegations. Ends life Thinking Self Burden Bu Times Special SOUTH BEND, Ind., Feb. B.—Rather than become a burden on his brother. Charles Lucky, 41, shot himself througn the heart here Thursday. He formerly lived at Ligonier. He had been ill.

he was to die but not the hour. That detail was withheld. Strapped hand and foot to a cot, given his last opportunity to see a human face and speak a word In answer to a human voice; hear the last prayer intoned by a priest, and then lying face upturned toward Heaven, awaiting death to strike, Jon was taken to the little stone house. Thomas Russell, an American-born Mexican, who killed his Indian bride, was to have died with Gee Jon by the same experiment. But his sentence was commuted late Thursday afternoon to life Imprisonment.

State Supreme Court Holds Double Title Feature Makes Act Unconstitutional Supreme Court today declared unconstitutional the motor vehicle license law passed by the last General Assembly, providing for an increase that would have netted $3,000,000 to $3,500,000 additional in the funds of the State highway department. Approximately 575,000 automobile owners and 75,000 truck owners are affected. * If the present decision stands, license fees will be the same as in 1923. Attorney General U. S. Lesh said a petition for rehearing is planned. He arranged to confer with Governor McCray late today as to the next step. Officials of the highway department who had completed plans for the construction of 400 miles of roads in 1924 are making a tentative revision of their program, because of the decision. Ed Jackson, Secretary of State, said: “It shall be my endeavor to retain enough fees that if it is necessary for the Legislature to meet to appropriate money for repayment to owners who have paid the increased fee, the State will have sufficient money to cover amounts of excess fees,” Collections Total $2,122,571 Jackson has collected $2,122,571.75 of increased 1924 automobile fees, Jackson received an opinion from Lesh several weeks ago stating that, in Lesh’s opinion, the Legislature would be required to make an appropriation for payment of excess fees in event the License law was declared invalid. “This act is clearly double and embraces two subjects which are not properly connected and because of constitutional provision of the automobile license act is void.”

Held Impossible Division Explaining the legal reasons why the motor license law could not be sustained by itself, the court said: “It is contended that even if the act in question does contain two unrelated subjects, that the court may determine that one of those subjects can stand and the other be held as void, the contention being that the part of the act relating to motor vehicles should be allowed to stand as valid and the part relating to inheritance taxes be treated as void. “This is not permissible, for the act, both in its act and in the title, treats with two different subjects. An act c„ such a character is absolutely void because it is In direct conflict with the constitution. “Much as we dislike to hold the act of the legislature void we are clearly of the opinion that this act violated a provision of the constitution that is mandatory and we have no alternative. The opinion was written by Associate Judge Fred C. Gause. of Newcastle. Associate Judges David A. Meyers, Greensburg, Julius C. Gravis, la. Porte, and Benjamin M. Willoughby, Vincennes, concurred. Ewbank Dissents A dissert was made by Louis B. Ewbank. Indianapolis, chief justice. The decision was given in the appeal of a decision in St. Joseph Superior Court at South Bend, in which Judge L. J. Oare declared that the act contained two separate subjects and, consequently, was Invalid. Upon a motion of the South Bend Motor Bus Cos. an answer to the complaint was struck out by the court.

Motives Not in Question Judge Gause. In his opinion, said: “W T e are not authorized to pass upon or question the motives which actuated the Legislature in passing flie act, our concern being whether the act as finally passed is or is not valid.” In the oral hearings last Friday Attor General Lesh maintained that the inheritance tax provision was related to motor vehicles in the respect that it was a revenue which formerly was used by the highway department. This is the provision of the Constitution of Indiana under which the automobile license law was declared invalid because of the inheritance tax “rider”: “Every act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title. But if any subject shall be embraced In an act which shall not be -Nvnr.ossed in the title, such an act shall be void only as to so much thereof as shall not be expressed in the title.” .End of Program Seen Earl Crawford, member of the State highway commission, said: “This means the end of our road program.” The department has had three road lettings for construction of about 200 miles of State highways. Since the increased license fees had been expected to bring into the State highway fund double the amount of lkst year, It was pointed out, the result may be that the 400-mile program is cut in two. Decision by the court marks the final chapter of the fight against the law which has continued since its turbulent passage by the Legislature on March 6. Two bills were pending in the Legislature, the auto license bill and the inheritance tax bill. The latter measure provided that proceeds of the tax. which totaled $3,000,000 in 1922, should go to the general fund Instead of the highway fund. BiEs Resurrected The inheritance tax bill, however, met death, but was resurrected in the form of a combined automobile licenseinheritance tax bill which was passed, despite violent protests of Democrats. Representative Luke W. Duffey, Marion County, introduced the measure Jan. 30, 1923. The inheritance tax measure was sponsored by Representative Earner Waters, Tippecanoe County, on Feb. 7. The House refused te concur in e

Forecast FATR weather predicted for tonight and Saturday. Lowest temperature tonight about 20 degrees above zero. Rising temperature Saturday.

TWO CENTS

How Decision Aids Owner

Here is the way the automobile license fee decision Will effect automobile owners, by stopping the increase provided by the new law: Ford, reduced from $8 to $5. Chevrolet, from $8 and sl3 to $5. Apperson, from sl7 and S2O to SB. Auburn, from sl4 and S2O to SB. Buick. from sl4 and S2O to $8 and $5. Cadillac, from sl4 and $24 to SB. Chalmers, from sl4 and $24 to SB. Chandler, from sl7 and S2O to SS. Cleveland, from sl4 to $5. Cole, from $22 to SB. Dodge, from sl2 and sl4 to $5. Dort, from $8 and sl4 to $5. Durant, from sl2 and $22 to $5 and SB. Esses, from sl2 and sl4 to (5. Franklin, from $8 and $22 to $8 and sl2. Haynes, from sl7 and $24 to $8 and sl2. Hudson, from $8 and S3O to $5 and sl2. Hupmobile, from $8 and sl7 to $5 and SB. Kissel, from sl7 and $24 to $8 and S2O. Lexington, from sl7 and $22 to SB. Lincoln, from $24 to SB. Marmon, from sl7 and S3O to $8 and S2O. Maxwell, from SB, sl2 and sl4 to $5. Mitchell, from sl7 and S3O to $8 and S2O. Nash, from sl4 and $22 to $5 and SB. National, from S2O and $24 to $8 and S2O. Oakland, from sl2 and $24 to $5 and SB. Olds, from sl2 and S3O to $5 and S2O. Overland, from $8 and S2O to $5 and SS. Packard, from sl7 and S3O to $8 and S2O. Premier, from sl7 and S3O to $8 and S2O. Reo, from $8 and S2O to $5 and SB. Ftudebaker, from $8 and S2O to $5 and SB. Stutz, from sl7 and $24 to $8 and S2O. Williys-Knight, from sl7 and $22 to SB. The new law also Increased the fees on trucks considerably. These fees were based on weight and vary greatly.

provision of the license bill giving one-fourth of proceeds to counties and it was sent to conference committee. Thurman A. Gottschalk, Democratic floor leader, made the motion against the bill. Hits Rocks The inheritance tax bill struck the rocks also and was sent to the conference committee. On the last night of the session the license bill appeared, but with the in* heritance tax measure as a “rider.” No roll call was taken In the House and the speaker declared the two-ln-one bill passed. Then Democrats protested violently, saying they did not know of the committee report. Amid confusion and tv-.mult, the speaker signed the disputed bill. The * Governor signed it on March 6. HOURLY TEMPERATURE 6 a. m 17 10 a. m........ 20 7 a. m 18 11 a. m. 23 8 a. m 17 12 (noon) 24 9 a. 19 1 p. m........ 26

Don’t Write No letters concerning return of excess automobile fees will be answered, 11. D. McClelland, head of the State auto license department, announced. “We will be governed entirely by the rulings of the attorney general,” he said. ‘‘Whatever is to be done about returning money will be announced as soon as a ruling is made.”