Indianapolis Times, Volume 37, Number 270, Indianapolis, Marion County, 13 March 1926 — Page 1

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NUMBER 37—VOLUME 270

DESIRE TO SEE GAME COSTLEGS Seymour Youth, Journeying to Martinsville With Five Others in Roadster, Badly Injured in Bus-Auto Crash Near City. LIMBS ARE SEVERED ABOVE THE ANKLES Companions Receive Minor Hurts, Three Being Only Bruised —Were on Way to Regional Basketball Tournament. Desire to see his home town team play in the regional basketball tournament at Martinsville today cost Leland Ross, 19. of Seymour, Ind., both of his legs in an automobilebus crash in the Bluff Rd., southwest of the city. Both legs were severed above the ankles when a Blue Goose line bus from Bloomington and a roadster driven by Ralph Morrell, 21, of 1329 Union St., collided at a turn. The youth's legs were amputated at city hospital, where attaches said his condition was critical. Morrell received a lacerated thigh and Rex Morrell, 11, a brother, received a fractured leg bone. Three other Seymour youths in the car were bruised. Left for Game Friday Morrell permitted the Seymour youths to get on his roadster at Raymond St. and the Bluff Rd. The youths left for Martinsville Friday. Ross, riding with Melvin Bell, 19, on the right running 'board, was caught between the auto and the bus, the running board snapping the bones in his legs. Bell jumped. Gordon Miller, 17, received a bruised leg and Gordon Raeburn, 16, received back, hip and head Injuries. t Morrell’s car skidded into the path of the bus when he swerved to avoid striking a machine stopped near a curve. The roadster was demolished. “Don’t worry. I'm all right,” Ross said to his less-seriously-injured companions at a nearby house. Driver Held Blameless \Treel Jones, 22, of Martinsville, bus driver, said he tried to drive in a side road. The zus, with twentythee passengers, ran over a slight embankment. Jones was held blameless. Morrell was slated for violation of the city ordinance prohibiting overcrowding of autos and riding on running boards, by Sergt. Tom Harris. Miss Helen Jones and Arlinna Grigsby, Newcastle, Indiana University co-eds, In the bus, said they heard a crash and the roadster “twisted in the air.” “It looked as if boys were flyin* in all directions,” said Miss Jones. Mr. and Mrs. Thomas E. Ross, parents of the injured youth, started to the city immediately. Ross, aB. & O. Railroad conductor, was located on his run. All of tjie youths were high school students, and from prominent families. They left Seymour Friday and stayed all night at the home of a friend here.

FIGHT PEONAGE ON U.S. FARMS Government Accepts Its Coming, Says Settle. Charge that the Government expects the American farmer soon to be reduced to a condition of peonage was made by William H. Settle, Indiana Farm Bureau Federation president, today in a wire to President Coolidge. Settle objected to a trip to Europe to be made by C. J. Galpin, head of the farm population and rural life division of the Department of Agriculture, to study methods of European countries in uplifting their peasants. He advised the President to keep Galpin at home. “We demand more attention to the task of obviating certainty of peasantry rather than acceptance of its coming and preparation to care for Government wards,” the telegram said: “Farmers are determined such a condition shall not prevail in this country, and will to whatever length necessary to prevent it.”

The Indianapolis Times

Edward Wyllis Scripps Dies on Yacht

Du United Pres * NEW YORK, March 13.—Edward Wyllis Scripps, 71, retired, founder of the Scripps-Howard newspapers, died shortly after 10 p. m. Friday aboard his yacht, the Ohio,.in Monrovia Bay, off the coast of Liberia Africa. News of his death was contained in a dispatch received at the New York offices of the Scripps-Howard newspapers. A dispatch from one of Mr. Scripps secretaries said the publisher had left directions that he be buried at sea without communicating with or awaiting any instructions from his family or business associates. Although instructions have been cabled that the body be held pending word from Mr. Scripps' son, Robert P., it is doubted if the instructions reafch the yacht in time to prevent carrying out the orders. Born in Illinois E. W. Scripps, one of the great figures in American journalism, was born at Rushville, 111., June 18, 1854, the youngest of a large family of James M. Scripps. His elder brother, twenty years his senior, was James E. Sripps, founder of the Detroit News Although born in Illinois and making his newspaper debut as a cub reporter on his elder brother’s paper in Detroit, E. W. Scripps launched his career as a newspaper founder and publisher in Ohio and continued to make that state his home and his place of residence throughout a career which carried him several times around the world. For the past five years following his retirement in 1920 from active newspaper work, Mr. Scripps had lived practically his entire life at sea. Since 1920 he had made two trips around the world and at the time of his death was headed for the Medlteranean following a cruise on which he embarked last September and which had taken him down the east coast of Africa as far as Capetown from whence he again turned north. His Survivors Mr. Scripps is survived by his widow, Mrs. Naekie Scripps, at present living on the Scripps ranch at Miramar, San Diego County, California; by his only son, Robert P, who succeeded to his father’s control of the Scripps-Howard newspaper interests several years ago. two daughters, Mrs. James MeanJey of San Diego, and Miss Dolly Scripps of Escandido, Cal.; by an older brother, Fred C. Scripps, and by his elder sister and life-long journalistic associate, Miss Ellen B. Scripps of La Jolla. Cal. The death of Mr. Scripps will in no way affect the conduct or the policies of the Scripps-Howard newspapers, according to a statement made by v Roy VY. Howard, chairman of the board of directors of the Scripps-Howard interests.

Shortridge Put Chit of Regional by Summitville

Up-State Five Beats Local Team in Close Game, 18 to 16. By Dick Miller Times Staff Correspondent BALL GYMNASIUM, MUNCIE, March 13. —Shortridge was defeated, 18 to 16, but not outfought by Summitville here today in the opening game of the Muncie regional of the Indiana high school basketball crown race. Four thousand fans witnessed the scrap. Play was spectacular. Christopher, little leader of the In. iimnapolis team, was all over the floor. He was not discouraged when his many shots at the basket rolled out. He led an attack that at times kept Shortridge in the lead and always within striking distance. Beaten Team Cheered Sumrnitvi'le was followed here by 1,000 Madison County fans. And as they fallowed their team to the lockers to acclaim victory over a team from the State’s largest city, Shortridge rooters rose and cheered their team even though it was vanquished. By virtue of its victory Summitville meets Noblesville tonight in' a contest to decide which will be one of the two teams to represent this region in the finals at Indianapolis next week. Summitville should win. Noblesville beat Sheridan in the oth(Turn to Page 9)

Tourney Results Scores in regional basketball meets are printed on the sport page of this issue. FAIR, WARMER SUNDAY Prediction Thermometer Will Rise to About 40 Degrees. “Fair and warmer,” the forecast for Sunday given out by the United States Weather Bureau today, brought joy to the hearts of many Indianapolis citizens who have become hardened to a diet of snow, rain and cold this month. Snow, totaling two inches, was dumped on the city B>iday, but there was only one inch on the ground this morning. The mercury stood at 17 degrees, or 17 below normal, at 7 a. m. Tonight’s low mark should be about 20, bureau officials said. Sunday, however, the thermometer red is expected to mount to the 40 degree vicinity. VERA’S NEMESIS QUITS Immigration Commissioner Who -■ Barred Countess Resigns. Bv United Press NEW YORK, March 13.—Immigration Commissioner Henry H. Curran has resigned, effective March 31, to become counsel for the City Club. The commissioner said he had decided to resign “long before the Cathcart case,” when he was severely attacked in some quarters for his part in the exclusion of the countess. At that time he claimed his hands were tied in the matter. MACREADY HITS GOAL? Aviator Believes He Holds New World Record. 81l United Press M’COOK FIELD, DAYTON, Ohio, March 13. —After one hour and fiftyfive minutes in the air in an effort to recapture the world’s altitude record, Lieut. John A. Macßeady landed at McCook Field this afternoon. Macßeady believed he surpassed the mark of 39,586 feet established by Callizo, the French ace, several months ago. His Instruments will be calibrated here and officially at Washington.

Yes, Maybe It Is a Better World "Say, I’d like to shako the fellow by the hand that sent this to me,” said A. E. Harms of 910 W. Washington St„ displaying a five dollar bill—conscience money—which came to him through the mails today. The printed note which accompanied the money said: “This is for goods that was stolen from you.” Harms was formerly in the restaurant and saloon business at 925 W. Washington St., and believe that someone employed by him then must have stolen from him. “This makes a fellow feel that some of the world Is getting better anyway,” Harms said.

CHINESE SHELL JAP GUNBOATS Pekin Protests Invasion of River. Bv United Press PEKIN, March 13.—China today protested to the Japan legation against invasion of the Peho river by two Japanese gunboats. Japan countered with a protest to the foreign office that the Taku fort’s attack on the gunboats was unjustfied and announced that the matter would be taken up with the powers signatory to the Boxer protocol. The Japanese gunboats were driven off by the Chinese. They retreated toward the sea, ineffectively returning the fire of the land batteries. The commander of the flotilla was among the three wounded Japanese. China’s protest says the gunboats entered the river without previously informing the Chinese nationalist troops manning the forts that they were coming. TOKIO IS CALM Cabinet Believes Attack Due to a Misunderstanding. Bv United Press TOKIO, March 13. —The cabinet today postponed consideration of the Chinese attack on Japanese gun-boats-at Taku pending the receipt of further details from Minister Yoshizawa in Pekin. "Undoubtedly a misunderstanding” is the Japanese view of the incident for which it is expected China will be willing to make proper amends. QUADRUPLET IS~ ILL Last of Four Babies Not Expected to Live. B’l Times Special NOBLESVTLLE, Ind., March 13. June, the last of the quadruplets of Mr. and Mrs. Oscar Stephens, is seriously 111 and is not expected to live. The children were born a year ago. Three died during the summer. TRUCK ‘ENTERS’ GROCERY Flivver Becomes Unruly and Crashes Store Front. An unruly flivver caused pandemonium in a grocery today. Willis Beasley, R. R. 3, Box 416, attempted to back his truck around the corner at Howard and Shepard Sts. It jumped the curb crashing Into the front of a grocery owned by Andrew Shimmer, 1832 Howard St. Shelves dropped to the floor and cans and groceries were scattered.

INDIANAPOLIS, SATURDAY, MARCH 13, 1926

SEARCH FOR BANDITS IS MADEJERE Local Youths Suspected of Robbing Willow Branch Bank of $1,700 —Automobile Stolen in City Friday. TWO HOLD CASHIER AND CLERK AT BAY General Description Said to Tally With That of Hostetlers, Wanted for Southport Hold-up Machine Found Here. Search for two youthful bandits who escaped with $1,700 Friday in a hold-up of the Willow Branch State Bank, near Greenfield, Ind., centered In Indianapolis today after police learned the auto used in the robbery was stolen from Frank Cameror\, 2915 N. Dearborn St., at noon Friday while parked at 620 Superior St. The machine was recovered this morning by Sergeant McClure and squad at Centennial and Vermont Sts. Persons living In the vicinity said two men parked the car there about 6 p. in., Friday, and walked west on Vermont St., toward Tibbs Ave.. Held at Bay Although the burglar alarm was sounding the youths held Fred Bolin, cashier, and Mrs. Leon Curtis, a clerk, at bay while they took the money from the vault. Mrs. Curtis' husband, a director, was forced to lifie up when he entered. Mrs. Curtis touched the alarm button with her foot when the bandits entered.but Williow Branch citizens failed to give aid. Bandits overlooked $1,500. Tho general description of the bandits tallies in some respects with that of Robert and Edward Hostetler, wanted in connection with the, hold-up o“." the Southport (Ind.) batik several weeks ago. Hostetler and Kenneth Reeves escaped arrest several weeks ago when they shot their way to freedom after being surprised by deputy sheriffs ai 621 Bradley Ave. Deputy Sheriff Bell was wounded. Same Vicinity It was pointed out that the Hostetlers live in the vicinity where the machine was found. Police, however, believe if the bandits had been the Hostetler brothers, they would have been heavily armed, Instead of carrying small caliber weapons as did the Willow Branch bank robbers. They had their faces blackened and wore false whiskers. Miss Forba McDaniel. Indiana Bankers Association secretary, pointed out the Willow Branch and Southport communities had no protective organization. They are the most recent robberies.

COL. COOLIDGE BETTER Spends Comfortable Night—Pain Almost Gone. Bv United Press PLYMOUTH, Vt., March 13.—C01. John C. Coolidge, father of the President spent a comfortable night. He awoke shortly after 7 a. m. and told his nurse he was feeling much better. His pain appears to have almost entirely left him since, his relapse of a few days ago. FORT RELIEF NEXT WINTER No Chance Immediately, Updike Is Told. Bv Times Bvecial WASHINGTON, March 13.—An appropriation for emergency repairs to Ft. Benjamin Harrison buildings probably will be asked of Congress next December, War Department officials assured Ralph E. Updike of Indianapolis today. There is no money for the fort in the $6,200,000 emergency construction bill Introduced by Chairman Morin in the House Military Affairs Committee yesterday. Updike may offer an amendment from the House floor putting a fund for the fort in the bill, however. Department officials said Ft. Harrison was In their second list of posts needing emergency repairs and that only the most serious emergencies are provided for in the present bill. LOOTED SCHOOL 5 TIMES Boy. 15, Admits Burglaries to Police —Faces Charges. Lionel Carson. Negro, 13, 1809 Arsenal Ave., was sent to the Detention Home today on charges of burglary and grand larceny after he confessed breaking into School 26, 1301 E. Sixteenth St., five times. He told police he stole $45 the first time, $10.85 the Becond, and numerous miscellaneous article* the other tiTnea,

What This Sofa Could Tell! Du Times Special WARSAW, Ind., March 13. Adam Weick, proprietor of a Warsaw second-hand store, purchased an old sofa from a home where seven daughters had been courted in the parlor. Desiring to repair the piece of furniture he took it apart and found: Five photographs, 147 hairpins, 3 mustache combs, 46 buttons, 13 needles, 8 cigarets, 217 pins, several grains of Coffee, 2 pocket knives, 15 poker chips, a vial of medicine, 10 lumps of chewing gum, the skeleton of a rat, an old-fashioned long hatpin, 3 pennies, all dated previous of 1900, 1 woman's glove, 6 lead pencils, a fountain pen and a diamond ring.

SCHOOL BOARD TAKEN TO TASK FOR METHODS Tax Commissioner Says Appropriation Attempt Was Illegal. Bu Times Svecial COLUMBUS, Ind., March 13. — Members of the Indianapolis school board majority faction, while not mentioned specifically by name, were taken to task today by State Tax Commissioner Philip Zoercher in an address here before the Bartholomew County assessors. “Several days ago an attempt was made in one taxing unit in Indiana by resolution to appropriate an amount out of the special school fund for the purposes of purchasing a "new location for school purposes,” Zoercher said. “Such action is contrary to the budget law and cannot legally be done if taxpayers properly assert their rights, ‘ he declared. Right of Taxpayer “The public officers in Indlßna cannot spend money that way. The taxpayer has . right to know what public funds are to he used for and (Turn to Page 2)

LICENSE DENIED CITY INSPECTOR State Board Rules Osbon Not Qualified as Engineer. W. A. Osbon. recently appointed assistant city building commissioner, has a job, but does not have the qualifications for the position set by law following refusal of the State board of registration for professional engineers to grant him a structural engineer’s license today. The ordinance creating the position provided that the holler should boa licensed engineer. “The appfleation did not show the necessary qualifications to practice as a professional engineer," Harvey Mitchell Anthony, board chairman, said. Board members, however, said Osbon can take the regular engineer’s examination in April and if he makes a passing grade will bo licensed. He has had ten years’ experience as a builder, according to the application. The law provides each person licensed should have built five houses. Osbon listed only three In the application.

R. F. MURRAY IS CANDIDATE Enters Democratic Race for Prosecutor. Raymond F. Murray, 2422 Bellefontaine St., today announced his candidacy for the Democratic nomination for prosecuting attorney today. Murray declared that he is for the enforcement of all the laws, does not desire the support of the criminal class and that no extra legal methods of obtaining convictions will be tolerated In criminal trials. The constitutional rights of every citizen shall be preserved.” Murray rose to a sergeancy In the World War and was commended for his work In the intelligence service. He is thirty-five years of age, was born in Bloomfield, Ind., graduated from Indianapolis public schools, Shortrldge High School, Butler College and Indiana Law School. He Is a member of many clubs and an active Mason. ATTORNEY SEEKS BENCH Frank T. Brown Files as Democratic Candidate for Judge. Frank T. Brown, 60, of 6855 Lowell Ave., filed today as a candidate for judge of the Superior Court 1, on the Democratic ticket. Judge James M. Leathers, Republican, Is a candidate for renomination. Brown was born at New Bethel and Is a graduate of Butler University and the Indiana law school He practiced law twenty-six years. Brown is a member of the Downey Avenue Christian Church, Irvington lodge, F. and A. M., Indiana Democratic Club and the Indianapolis Bar Association. HOURLY TEMPERATURE 6 a. m 16 10 a m...... 17 7 a. m 17 11 a. m...... 18 8 a. m. 16 12 (noon) .... 19 9 a* m—... 16 1 p* m..-*.. SI

UK HE SLEW WFb SHE MED Troy’s Bathtub Murder Is Solved by Confession of Husband That He Struck Wife After Over-Night Quarrel. BLUE PAJAMAS, BLOODY HAIR IN COMB TRAP HIM Young Salesman Breaks Down After Posing as Heart-Broken Mate for Three Weeks Helped Police in Clew Hunt. Bu Times Special TROY, Ohio, March 13.—The shadow of the electric chair today hung over Jacob Nesbitt, 28, handsome young salesman, confessed slayer of his wife, Frances Drake Nesbitt. A bloody hair in a comb, a missing blue pair of pajamas, solved Troy’s one and only murder mystery. He confessed last night, after being grilled five hours—confessed in

his own home, where the murder was committed three weeks ago, and where he was taken ostensibly for the purpose of reviewing tho apparently insoluble crime. “God, yes, I killed her,” cried the man who had posed as a griefstricken husband, who had helped newspaper reporters and detectives hunt for clews.

Nesbitt

The cpnfcasipn tells a story of Inhibitions, of love ended by nagging, of a murder provoked by superior business ability of a wife. Frances had nagged him. She had belittled him in front of their friends. She had chided him because he was not a success as a salesman. And at last the reserve of a man who had never been known before to lose his temper snapped. He hit his wife, and she—an athlete and Ohio Si ate University tennis champion—retaliated. / Failed to Make Up All this happened on the night of Feb. 18. For the first time in their married life they had quarreled and failed to make up before going to bed. She slept on a cot. He slept in their bed. “On the morning of Feb. 19,” said Nesbitt, “We arose from bed. The quarrel was renewed. She slapped me. 1 hit her. She hit mo. And then everything went red. Nebtitt said he remembered nothing from then on until he found himself in the bathroom, his hands and pajamas covered with blood. Mrs. Nesbitt wns lying in the half-filled bathtub. Her skull was crushed. Nesbitt burned his pajamas in the furnace. He combed his hair. The comb was found, with a bloody hair. The Loophole On Wednesday night preceding the the murder, Mr. and Mrs. Prentis Brown of Columbus Grove, Ohio, had been house guest of the Nesbitts. Mrs. Brown saw Nesbitt In blue pajamas. She told the authorities this. . The blue pajamas could not be found after the crime. This and the comb trapped Nesbitt. Nesbitt In his confession said after he had killed his wife, he iressed, performed his usual household tasks, swept off the snow from the walks and went to work. The “Discovery” That night ho returned, “discovered” the body and led authorities to believe his wife had been murdered by a tramp. “I kissed her good-by this morning,” he told authorities. The Nesbitts had been pointed out as an Ideally happy couple. Their marriage was the culmination of a ‘“small town” romance which had its beginnings here and grew to the engagement stage while the couple attended Ohio State University at Columbus. Mrs. Nesbitt was the woman’s tennis champion at Ohio State and after her graduation was a social worker In Cleveland. CITY FIREMAN DIES Funeral for William Landers Monday at Home. Fire Lieut. William H. Landers, 45, died this morning at his home, 1121 Hoyt Ave. Landers was appointed in June, 1913. He had been ill for a year. The widow, a son, D. H. Landers, three brothers and three sisters survive. Aurie and Irving Landers, brothers, are members of the fire department. Funeral services will be at the home, Monday at 2 p. m. Burial will be In Memorial Park cemetery.

Entered as Second-class Matter at I’ostofflce, Indianapolis. Published Daily Except Sunday.

Murder of Tennis Star Solved

Mrs. Frances Drake Nesbitt, former tennis star of Ohio State University, whose murder has been solved with the confession of her huband.

ANOTHER PEACE PROPOSAL FOR LEAGUE REFUSED Belgium and Sweden Offer to Make Way for Poland. Bu United Press GENEVA. March 13.—The League of Nations council convened secretly today to seek anew solution f or the problem of the council memberships which has kept tho League of Nations in furious disagreement since Monday. It appears that the other council members do not wish either Belgium or Sweden to retire from nonpermanent council membership, at which they offered to do today in order to provide a place for Poland, which seems to be a prerequisite to any settlement. Just before the council convened Foreign Minister Stresemann of Germany met M. Guani. the Uruguayan council member, giving rise to reports that Uruguay, Instead of Sweden or Belgium, would bo asked to make room for Poland. The embarrasing impasse which threatens to wreck the reputations of all the statesmen engaged in an effort to overcome It, appeared to be less hopeless, however when 1* was announced that the League of Nations council would not be con yoked today for a final vote on Germany's entry into the council. PARIS SEES SOLUTION. Foreign Office Spokesman Says Settlement Expected Today. Bu United Press PARIS, France, March 13. France expects the crisis at Geneva to be solved t< day, the United Press was informed by a spokesman at the foreign office. The politicians are stunned at the prospect of collapse of the Locarno agreements and base their optimism on the disastrous consequences which would follow failure to settle tho dispute at Geneva. The afternoon papers, however, are pessimistic and almost unanimously blame Germany for the League of Nations trouble.

HOPE TO QUELL NOISY AIR SETS Radio Listeners Plan to Conduct School. Indianapolis Broadcast Listener’s Association today sought cooperation of radio owners in quelling the noisemaking “blooper,” or regenerative receiving sets, according to Herbert A. Luckey, president. The plan is to conduct a “School for Proj>er Operation of Radio Sets,” in connection with the work of the interference committee. Meetings are held each Tuesday night when competent instructors give advice on proper operation of sets. Listeners sending in their names to Luckey, 501 J. F. Wild Bldg., will be advised of meetings. Station WFBM will broadcast talks on the proper operation of se.s. FALL FATAL TO BiABY Injuries in Highchair Aecident Result In Blood Infection. A fall from a high chair two days ago proved fatal to Paul Bernard Odor, flfteen-months-old son of Mr. and Mrs. Asa Oder, 2234 Valley Ave., who died at home today. In falling from the chair, the baby bit his tongue the parents said. Later a blood infection set In. This was given as capse of the death by Coroner Paul F. Robinson. TO BUILD APARTMENTS Company Incorporates to Erect $200,000 Structure. Erection of a modern forty-unit apartment building at Virginia Ave. and McCarty St. is contemplated by the Virginia and McCarty Realty Company, for which Incorporation papers were filed today at the Statehouse. The three-story building will cost about $200,000, it was said. A ninety-nine-year lease will be obtained on the site. Capital stock of SIBO,OOO will be distributed, $60,000 common and $120,000 preferred. Inoorporaton are Edwin D, Logsdon, James W. Hambley and A. J. Wlchmann.

& Forecast FAIK tonight and probably Sunday; rising temperature Sunday; lowest tonight about 20.

TWO CENTS

LEGAL FIRM i RETAINED IN SITE BATTLE Filing of Petition for Injunction on New Shortridge High Location Change Delayed Unti I First of the Week. MERLE WALKER TO BE ACTIVE IN COURT Complaint Signed by North Side Property Owners — Will Be Read Over by New Attorney—Ready to Ask for Order. With the retention today of Walker and Hollett, attorneys in the new Shortridge High School site controversy, filing of the petition for an injunction to prevent tho board from relocating the school was delayed until the first of next week. Merle N. A. Walker of the firm will bo active in the court RCtlon. Following a conference this morning, attorneys announced they would withhold filing tho petition until Walker had an opportunity to read over the complaint this weekend. Attorneys Friday night had definitely decided to file the petition today, probably In Superior Court Four before Judge Clinton 11. Glvnn. Property owners already have signed the complaint, which Is quite lengthy, and all Is in readiness to ask the court for a temporary restraining order. Drawn by Attorncye Attorneys representing tho Indianapolis Public School Welfare Association, composed of north side residents and school patrons, have drawn the complaint, which seeks to prevent tho school board from abandoning site now held at ThirtyFourth and Meridian Hts., and buying another on Forty-Sixth Ht„ be tween Central Avo. and Washington Blvd. The petition hns been In the hands of William Bosson. attorney for the welfare association, for more than ten days Emsley W. Johnson, attorney. an<l J. Clyde Hoffman, attorney. president of the association, announced tho petition had been earefully drawn and covered all legal phases of the ease. To Stress Inconvenience It was understood that tho major points to the petition will bo the Inconvenience to property owners and patrons if tho school Is erected on Forty-Sixth St.: the fact that the (Turn to Page 11)

TRACK REPAIR FORESHADOWED Opinion Given on Railway Improvements. Extensive repairs between tracks of the Indianapolis Street Railway, where many motorists have come to grief were foreshadowed today by o. legal opinion of John K, Iluckelshaus, city attorney, that the city had the right to enforce the repairs. “The authorities in our own State as well as in other Jurisdictions would make clear that a street milway compuny In the city of Indianapolis Is under a legal duty to keep In repair that portion of the surface of the street which a company uses for its tracks.” the opinion to the board of works stiltes. “The board Is determined to enforce repairs on some streets ell over the city. Many are In terrible condition,” Roy C. Sh&nebergei, board president, said. CONDITION" IS CRITICAL Girl Burned In Explosion Not Recovering at Hospital. Rowena Sehoemake, 4, daughter of Mrs. Clara Sehoemake, 731 E. Maryland St., Is In a critical condition at the city hospital, where she has been since March 5 when she was burned at her homo in a fire that startiri from a coal oil explosion. Decline has been noted In her condition, attaches sold. Mrs. Sehoemake and her two children, Dewey and Virginia Mae, also burned, are said to be Improving. MAYOR BEATS WEATHER Ditv&n Appears at‘ City FlaD After Sore Throat Attack. Mayor Duvall today overcame March weather. He was at home Friday with a sore throat hut he appeared at the city hall today and mingled with other employes suffering from what Dr. Herman Q. Morgan, city health officer, terms “the most dangerous weather of the year.” “If you hold out another week your ohanoee ere good to be wen the rest of the year,” Morgan aal4.