Indianapolis Times, Volume 37, Number 143, Indianapolis, Marion County, 15 October 1925 — Page 1

Home Edition A POPULAR radio program is broadcast from The Indianapolis Times studio every Friday at 9 p. m.

VOLUME 37—NUMBER 143

RALSTON FUNERAL SATURDAY

POLICE GUARD REMY IN STEPHENSON TRIAL

SEARCH WRITS POWER IS SET BACK BY COURT Special Judge Rules Justices Can Issue Warrants Only for Their Township. EVIDENCE IS SUPPRESSED Decision Made in Appeal Case From City Court. The power of prohibition officers to serve search warrants obtained from justice of peace courts received a setback Wednesday afternoon in Criminal Court, when Special •Judge H. B. Pike ruled a justice only can issue warrants for his township. He held that such issuance is a civil process. ■ .Judge Pike sustained a motion to suppress evidence obtained by search and seizure in the case of Salathiel Pierson, 755 Lexington Ave., and the defendant was discharged. Pierson appealed from city court on a charge of blind tiger where he was fined SIOO and costs and sentenced thirty days in jail. The search warrant used to enter Pierson's home was obtained from Justice Henry H. Spiher of Wayne Township. Pierson lived in Center Township. Brief Is Filed In a brief filed by Deputy Attorney General Ralph Spaan, it was contended a justice of peace can Issue liquor search warrants over the county. He contended such issuance was a criminal process. Spaan referred the court to section of 1925 act concerning intoxicating liquor which read in part: "Such justice of the peace, mayor or judge shall issue his warrant to any offiver having power to serve criminal process." The ruling of Jtidge Pike is in keeping with rulings made by Judge James A. Collins in other blind tiger cases. Case Under Advisement Judge Pike took under advisement the case of Martin L. King, colored, 538 N. Blacker St., who appealed on a blind tiger charge. Motion to supevidence on the grounds that me city judge had no power to issue a, search warrant was overruled. In the lower court King was fined $lO and costs and sentenced thirty days on the Indiana State .Farm. Case of Edward Costello, 1417 Kentucky Ave., who appealed, was also taken under advisement. Bertha Bolden, colored, 315 W. Fifteenth St., was discharged on blind tiger charge appeal.

MILITARY PROHIBITION New National Dry Regime Takes Over Enforcement. Bn United Press WASHINGTON, Oct. 15.—Prohibition enforcement on a "military business” basis began today when the organization of Assistant Secretary of the Treasury Andrews took over the work of administering the Volstead law. The organization with which Federal Prohibition Commissioner Haynes administered the law for four years was automatically extinguished by an order that theoretically discharged 2,000 agents and clerks tom the service last night, termiftating the old regime.

IfLAPPER FANNY sdys Kf - |p / [lift Ilf //a flf / CjY) ** yvijf ■j/ /syr ■I C 1925 BY NEA SERVICE. INC.

' Some women think they are liberal-minded because they are always giving their husbands a piece of their mind.

The Indianapolis Times COMPLETE WIRE SERVICE OF THE UNITED PRESS WORLD’S GREATEST EVENING PRESS ASSOCIATION

Prosecutor Threatened With Death, but Is Silent on Details—Detectives Sit Behind Chair Second Venire Started On. MONUMENT DEALER SAYS HE IS AGAINST DEATH Accused Grins When Tombstone Man Is Grilled on Capital PunishmentState Knocks Out Prospective Jurors. By John L. Niblack and William L. Toms. Times Sh. ff Correspondent NOBLESVILLE, Ind., Oct. 15.—Admission by Prosecutor William 11. Remy that he had been threatened with death, brought a thrill today to the monotony of almost four days’ effort to secure a jury to try D. C. Stephenson, Earl Gentry and Earl Klinck on charges of murdering Miss Madge Oberholtzer. Indianapolis detectives sat behind Remy’s chair In court to protect him. Remy said, however, he was not worried and that the threats "did not amount to anything.” He refused to say when or where he received them. Meanwhile the first venire of 100 man was exhausted In the fruitless efforts to get a jury. Six new faces were in the jury box, as the State excused three on peremptory challenges and three were let off for having opinions. Eph Inman, defense counsel, passed the jury over to Ralph Kane, Remy’s assistant, shortly after court had opened. Much talk about capital punishment marked the morning session. Monument Dealer Up Walter A. Bordner, Noblesville monument dealer, the last of the first special venire, was retained by (Turn to Page 9)

DAWES’TRIP TO CITY SATURDAY IS CALLED OFF C. of C. Directors Act as Tribute to Ralston — Flags Lowered. In respect to the late Senator Samuel M. Ralston, the visit of Vice President Charles G. Dawes, to Indianapolis, Saturday, will be indefinitely postponed, it was announced today by Frank S. Fishback, president of tho Indianapolis Chamber of Commerce. Vice President Dawes was to have arrived Saturday and to have spoken at 6 p. m. at a dinner at the Columbia Club, marking the formal opening of the club. He also was to have spoken at Tomlinson Hall In the evening, under auspices of the Chamber of Commerce. May Come loiter A possibility that Dawes might visit the city ir November was indicated by Chamber officials. It was expected the Columbia Club will continue its plans for formal opening Saturday night of its new building, where Dawes was also to have spoken, and that dedication services will be in the nature of a memorial meeting in honor of Senator Ralston. Directors of the club were meeting today to make definie plans. Flag I .lowered The flag on the Statehouse was lowered to halfmast by order of Governor Jackson and the large painting of Senator Ralston among portraits of other Governor's in the Governor’s offico was draped In black. The Federal Bldg, flag was also lowered on orders from Washington. William E. Clauer, Democratic city chairman, announced that all Democratic meetings will be cancelled until after the funeral and that Democratic city headquarters, 508 National City Bank Bldg.' will be closed on the afternoon of the services. Walter Chambers, chairman of the Democratic State committee said that the entire committee of thirty members, will attend in a body, the funeral Saturday at Lebanon, Ind. All Republican meetings also have been called off until after Senator Ralston’s funeral, it was announced. Republican city offices in the K. of P. Bldg, will clos® during tho funeral.

SKY CLOUDY AT PITTSBURGH AS CONTEST NEARS Everybody Anxious to Get World Series Games Over With. RAIN STOPS AT 12:30 Johnson and Aldridge Are Mound Favorites. By Henry L. Farrell United Press Stnlt Uorresvnndent PITTSBURGH, Pa., Oct. 15. —Dark clouds hung over Forbes Field as game time approached and indications were that rain might fall any time. Today’s world series game seemed in danger of being postponed, despite predictions that rain would not reach Pittsburgh until tomorrow. The exposed parts of the playing field back of the plate and in front of the dugouts were almost ankle deep in mud. Commissioner Landis said that every effort would be made to play the game as there are thousands of out-of-town fans who can not remain here for another day. The rain had stopped at 12:30 and the skies cleared a little. The band tried to keep up the spirit of the bleachers. The leader organized some community singing and the noise wasn't bad. .Vlas, the Rain Chocks! A capacity crowd seemed doubtful, owing to the weather threat and the misfortune of hundreds who tore up or tossed away their rain checks before the rain yesterday. The Washington club came on the field at 1 p. m. They walked heavyfooted in the mud. Pirates and Senators were eager to get into the seventh fray and have the series over with. , Most of the fans who have been dragging back and forth during the series felt the same way about it, and there was cause for alarm when they took their first peep out of the window this morning. The streets were wet from a night rain, the skies were heavy and overoast and the early workers went to their labors with umbrellas and rain coats under their arms. It drizzled occasionally during early hours. "Today's game is not in danger of being postponed,’’ W. S. Brotzman, local weather forecaster, said during the morning. Morale Unaffected The two days of rain in the series has not affected the morale of the men, but they have had a long season of baseball and they don’t want to continue any longer than necessary under the strain of a world series. Walter Johnson Is a sure charge to pitch the seventh game—whenever It is played. He was ready to work yesterday although he was shy a day of rest on his regular schedule. The Washington players figured that the weather gave them the best break of the series by allowing the veteran "Barney” another day of rest. The rest not only will benefit his arm but will also help his leg which has a slight charley horse Johnson said yesterday, however, that the leg bothered him only when he was running the limit. Right After Walter The Pittsburgh players laughed off the claim that the lay off was of greater benefit to the Senators. They said they were sure to beat Johnson in his next start, no matter how much rest he has between. Vic Aldridge, it was generally understood, will pitch the next game for the Pirates. The regulars of the two teams are ready to go just as soon as the weather will let them. STARTING LINE-UPS Washington: Pittsburgh: Rice, cf. Moore, 2b. S. Harris, 2b. Carey, cf. Goslin, If. Cnyler, rs. J. Harris, rs. Barnhart, If. Judge, lb. Traynor, 3b. Bluege, 3b. Wright, ss. Peck, ss. Mclnnis, lb. Ruel, c. Smith, c. Johnson, p. Aldridge, p. SHANK FAVORS BEER Signs Petition Asking Modification of Dry Law. Mayor Shank was the first signer today of a petition to Congress requesting modification of the Volstead act to permit manufacture and sale of light wines and beer. The petition is being circulated by Samuel O’Connor, 1140 N. Illinois St., a representative of Rational League of America. "The prohibition law Is a farce, making criminals of honest men,” said Shank as he signed. "I am against the saloon, but I believe the Volßtead act has served its purpose by abolishing the saloon.” 'v

INDIANAPOLIS, THURSDAY, OCT. 15, 1925

Where Solon Was *at Home*

a ' '■MfiijNnm, M. 5 ilrlwffiPg SfISPJKJKra' jBwS? Jf S*'# •y? LgMfg iK im 38

Senator an<l Mrs. Samuel M. Ralston in the library at “Hoosier Home,” where Mr. Ralston liked best to work. Tim picture was taken while the Ralstons were hearing ra:!io reports from the last I>emocratic national convention.

UTILITIES FEAR FLORIDA BOOM WILL NOT PAY Worried Over How They Will Get Back Money Put in Extensions. Editor's Nets: This i* the sixteenth of a series of articles telling the truth of fconditlons in Florida, as found by a representative ol The Indianapolis By Harold Keats fT__ ILL the arguments Florida's |\X/j promoters advance in her I YY I favor stand up under analysis? , Let us take them In the order of their importance. You are told to follow the lead of the rich man who has given his money and backing to the country. These men are divided into two classes: Those who have actually put In their money as an investment and those who merely lend their names to promotions with the Idea that their names will bring in the buyers. All of these men have obtained their holdings in great tracts at from ?i few cents to a few Jo liars an acre. All of them hope to sell for huge profits and they expect the little fellows who follow their lead to make that profit for them. Rich men are not talcing chances. They bought low and can afford to weather a slump of years and then sell at a profit. Meantime they will sell to you at prices on which it will take many years for you to realize. Many have no money at all in their developments, but have sold enough on the strength of their names to make a profit and consider anything sold from now on as clear gain. Many others have sunk money in acreage which can be chalked off (Turn to Page 2)

COOLIDGE GIVES MACNIDERJOB Former Legion Head Mad Assistant War Secretary. Bn United press WASHINGTON. Oct. 15.—Hanford MacNider of Mason City, lowa, former national commander of the American Legion, today was appointed by President Coolidge to be assistant secretary of war, succeeding Dwight Davis, who yesterday became Secretary of War. $2,500 00 TAX OUT Mellon May Recommend aji Even Higher Figure. Bu United Press WASHINGTON, Oct. 15.—A tax cut between $250,000,000 and $300,000,000 will l>o recommended to the House Ways and Means Committee by Secretary of the Treasury Mellon, Monday, It was learned offilcally today. A 25 per cent maximum surtax and a 5 per cent maximum normal tax will be recommended, It was said. BALTZELL T DIRECTOR Federal Judge Is Appointed at Directors’ Meeting. Federal Judge Robert C. was appointed a director of the Y. M. C. A. at a meeting of directors of the association Wednesday night. The directors also decided to admit women to the night schools conducted by the organization.

SENATOR DECLINED PRESIDENCY HONOR Ralston One of Few to Whom Befell Lot of Refusing the Highest Nomination in His Party’s Power.

Seldom does it come to a man’s lot to refuse the nomination for the presidency of the United States. Yet this is exactly what hapenepd in the case of Senator Samuel M. Ralston at the Democratic national convention at New York In 1924. When the convention adjourned the night of July 8, 1924, it generally was conceded that the long deadlock which had dragged through about 100 ballots would end the day following with the nomination of Ralston. His campaign was handled in masterful fashion by Thomas Taggart, backed by a bunch of devoted Ralston boosters, among them Frederick Van Nuys, former United

Hundreds Send Messages of Sympathy Widow and Family of Late Senator Receive Telegrams.

I _ LOWING tribute to the If- memory of Senator Samuel LvrJ M. Ralston was paid today in hundreds of telegrams received by the widow and family from all sections of the country. Senator James E. Watson, the leader’s colleague called at the Ralston home and personally extended his sympathy. Thomas Taggart Democratic leader declared he could not "express in words my sorrow for your sad bereavement in the loss of your husband. His trust was always In God. so lam sure he is happy. Mrs. Taggart Joins me in our slncereat sympathy to yourself and fcmOy.” From Governor Senator Ralston was a native of Ohio, Governor Donchay pointed out in wiring his sympathy and "he rose to merited greatness in a sister State. He was champion of honesty in government, and his death was a loss of national significance.” “The State and Nation mourn with you in your loss. A good man has gone to his reward.” Congressman Will R. Wood of Lafayette said. "I regret very much the decease of your distinguished husband,” (Jovernor* Coleman L. Blease of North Carolina wired. "His departure was a serious blow to his party, his State and his Nation. You and yours have my deepest sympathy in your sad affliction.” Others Received Among other telegrams received were from Lieutenant Governor and Mrs. F. Harold Van Orman of Evansville; Congressman and Mrs. Ralph Pudlka of Indianapolis; United States Senator and Mrs. Frank Willis of Ohio; Evan B. Stotsenberg, former Indiana attorney general. New Albany; Lavalette C. Hodley, president of the Congressional Club at Washington, D. C.; Dale J. Crittenberger, Anderson, Ind., candidate for the Democratic nomination for Governor of Indiana in the last election, and former Governor and Mrs. Winfield T. Durbin, Anderson.

States district attorney. Charles Greathouse and Meredith Nicholson, the author. The Indiana delegation, standing steadfastly by their candidate from the minute he had been placed In nomination by Van Nujs, in one of the shortest, most effective nominating speeches In poltical history, had succeeded in successfully evading the wrangles and bitter factional fights which kept the convention in a turmoil throughout its long sessions. Time after time outside aid was offered from other States, but the Indiana delegation bided its time until the Smith and McAdoo storms had worn themselves out and steadfastly refused proffered assistance. Break for Ralston A break for Ralston caine on the forty-ninth ballot when Mississippi switched its twenty votes from McAdoo to Ralston and Illinois added five, bringing total of 66. From this point the Ra ston vote climbed slowly, but steadily, to 93 on the fifty-second ballot, without effort on the part of the Indiana managers. The day following, July 4, Senator Ralston telegraphed Taggart an offer to withdraw from the race in the Interests of party harmony, and the Ralston vote dropped almost out of existence as Indiana divided its thirty votes among other candidates. But instead of ruining his chances for nomination Senator Ralston’s unselfish offer to withdraw only strengthened his position, and as the balloting dragged along a determined move in his behalf gained more headway. All through the day of July 8, the Ralston vote grew steadily and on the ninety-sixth ballot reached the high mark of 196%. Meantime the Smith and McAdoo phalanxes were broken and their strength was fading fast. When the convention adjourned that night It generally was conceded that Ralston’s nomination was a matter of but a few ballots. Taggart was sure of 471 votes on the first ballot the next morning, a strength that was sure to sweep the convention within a short time. Declines Definitely Then came the bombshell. Senator Tf&l.ston, from his home here, called Taggart by telephone and announced definitely, positively that he would not accept the nomination. Broken-hearted after all his effort, with success within reach, Taggart bowed to the inevitable, and the name of Indiana's candidate was withdrawn. John W. Davis was nominated a few ballots later. In the public mind the withdrawal of Senator Ralston at the final minute never was understood. His intimate friends, however, knew that it was caused by definite orders from physicians, who knew that his physical condition was such as to make a long presidential campaign, with all its nerve racking strain, fatal.

Halloween Near! Here Is Proof Halloween is near at hand. Police will vouch for that. When they Investigated a complaint from Mrs. William B. Mayes, 403 N. La Salle St., that someone had broken her window they found that three hoys playing with a pumpkin face had humped it against the window. The boys agreed to pay.

Entered as SeeonU-elaaa Matter at I’oatoffiee, Indianapolis Published Dnllv Except Sunday.

Last Rites and Burial of Late Senator Will Be at Lebanon—Family to Have Services at Home North of City—Body to Lie in State Friday. FAMILY OF NATIONAL-STATE LEADER GATHERS IN SORROW Messages of Sympathy Arrive From Many Widow Recovers After Temporary Breakdown—Fatal Illness First Noticeable Late in March. By Clyde Byers Senator Samuel M. Ralston, honored by his State and by the Nation, will be laid to rest at 2 p. m. Saturday among tho quiet scenes he loved in Lebanon, the little Indiana city where he was known as a loyal friend and neighbor. Definite funeral arrangements for the late Senator, who died at 11 p. m. Wednesday at the age of 67, after twenty-four hours of unconscious slumoer, were announced today. Services will be in the Lebanon Presbyterian Church, which Senator Ralston attended when he was an obscure school teacher and struggling young lawyer.

Officiating will bo the Rev. Orton H. Carmichael, Ithica, N. Y., former pastor of tho Lebunon church and a close personal friend of the Senator. The Rev. Harvey Lamb, pastor of the Lebanon Presbyterian Church, will assist. Burial will be in the Lebanon cemetery. Private Rite# Here Members of tho family will attend a private service at 11:30 a. m., Saturday, at the Ralston residence, Hoosier Home, north of Indianapolis, where the Senator died. The Rev. Jean S. Milner, pastor of the Second Presbyterian Church of this city which Senator Ralston attended after moving to Indianapolis, will officiate. After the services here the body will be taken by automobile over its last trip to the city where the Senator spent most of his life. Special interurbans are expected to carry a large number of friends to Lebanon. The family, bearing in mind the simplicity which Senator Ralston always loved and practiced, announced that the body will not lie in state at the Statehouse, as had been suggested. The body will lie in state, however, in the large east living room of the Ralston home Friday from 9 a. m. until night. Today the family, which watched over the father in his last hours, kept to itself at the home, while messages of sympathy arrived from leaders all over the nation. Mrs. Ralston was reported as recovering nicely after a temporary breakdown at the time of the death. Julian C. Ralston and Emmett G. Ralston, sons of the Senator, were to go to Lebanon today to make definite funeral arrangements. I,ate in March The Senator’s illness first was noticeable late in March on his return from Washington where his duties had borne heavily upon him during the “lame-duck” congressional session. He fought his Indisposition doggedly all through the summer, refusing to surrender. He went to his office and attended to routine matters In connection with his law practice. However, his physicians Issued stern orders on Sept. 5 that he go to bed for treatment. Trained nurses were called in to attend him. Irregular heart action was noted and a complication of lung trouble retarded efforts of his physicians to correct it. At the time he realized the gravity of his condition atjd waged a winning fight which, in a week, resulted in regular heart action and disappearance of the lung trouble. Then, he determined to be up and doing, and his appeals brought permission from the doctors for him to leave his bed and dress and read. Even this slight exertion tired him quickly, however, and he returned to bed within two weeks and limited his reading to the newspaper headlines. Doctors at this time noted a return of his years-old kidney disorder. This complication became critical a week ago Tuesday, when tests showed his blood filled with urea, the kidneys having failed to eliminate the poisonous fluid. He lapsed into unconsciousness for an hour in the evening, but rallied. A couple of days later he suffered another unconscious spell and came through again. No Solid Foods The nature of the poisoning prevented him from taking solid foods as nourishment and he was kept alive solely by milk. Tuesday evening he was given a glass of milk. Drinking it apparently exerted him, and he slumped down to rest. A couple of hours later he was unconscious and never rallied. While conscious during the last week the Senator suffered agonizing pain, and the undonscious sleep was regarded as a blessing. At noon Tuesday strong heart

Forecast UNSETTLED but probably without rain tonight and Friday; no decided change in temperature.

TWO CENTS

stimulants were administered which had the opposite effect of a sedative, and he slept peacefully throughout the day and until the end, at 11 p. m., escaping pain. Dr. Cunningham believed the Senator's indomitable courage, combined with the reserve power of his massive physique, kept him alive days after the ond had been momentarily expected. Survivors The Senator is survived by hla widow, one daughter, Mrs. Ruth Ralston La Rue, two sons, Julian C. Ralston and Emmett O. Ralston, all of Indianapolis, a sister Mrs. Sarah Bayless, Brazil, Ind., and a brother Boyd M. Ralston, also of Indianapolis. All but Mrs. Bayless were at his bedsido when he died. Mrs. Bayless, 84, was at her home In Brazil. Mary Alexander and Maggie Marsh, both of Terre Huate, distant cousins of the Senator, were at his side when the word was telephoned to her She was too feeble to make the trip. Because of Mrs. Bayless’ advanced age members of the Senator's Immediate family held that longevity was a family trait, and had believed tho Senator held a lease on life for a‘ least ten years more. Mrs. Emma Hogate, Danville, Ind., a sister of Mrs. Ralston, was at her side when the end came. Mrs. Ralston steadfastly had held high hopes for her husband's recovery until Wednesday noon, when It became evident that he was losing ground steadily. She had been with him constantly since he was first confined, and her fortitude had cheered her children and friends. Early Life The early life of Samuel M. Ralston has for a background the familiar hardships and struggles of the pioneer Americans. Born on a farm in Tuscnrawas County, Ohio, Dec. 1, 1857, Ralston moved with his parents to Owen County, Indiana, at the age of 8. Ralston attended rural schools, walking to and fro during the winter months. Summers were spent at work on his father’s farm. Ralston’s education until he was (Turn to Page 7)

JACKSON HOLDS UP APPOINTMENT Will Not Name Successor Until After Funeral. Governor Jackson announced today he would take no action In regard to appointment of a successor to fill the unexpired term of the late Senator Samuel M. Kalston until after the funeral services. The law stipulates Governor Jackson shall appoint a successor to serve until Dec. 6, 1926. The people will vote on two Senators Nov. 2, 1926. Sect. 6 of the Acts of 1915, says: “When, for any cause whatsoever, a vacancy occurs in the representation of the State of Indiana in the Senate of the United States, the same shall he filled forthwith by the Governor, who shall have the power to appoint to fill such vacancy some suitable person possessing the qualifications necessarv for Senator. The person so appointed shall hold office until the next rogular election of State officers, when such vacancy shnll be filled by the election of a Senator, who shall hold office for the unexpired term.” HOURLY TEMPERATURE 6 . nr> 49 10 a. m...... 54 7 a- m 48 11 a. m..,.,. 45 8 a. m 49 12 tnooo) .... (g 9 a. m 50