Indianapolis Times, Volume 37, Number 285, Indianapolis, Marion County, 31 March 1926 — Page 1

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VOLUME 37—NUMBER 285

UOUOR WRIT RULE H Deputy Attorney General Tells Prosecutor Remy Dry Law Can Not Be Consistently Enforced in Marion County. The prohibition law can not bo enforced consistently in Marion County, complained Joe Hand Beckett, (deputy attorney general, in a conference today with Prosecutor William H. Remy relative to a ruling on an affidavit for a search warrant made by Special Criminal Judge Fred McCallister Tuesday afternoon. Remy said he would take the matter up with Judge James A. Collins |and recommend that Judge Collins And the municipal court judges come ■o an understanding as to when a. Aearch warrant and its affidavit is lalid. Conferred With Collins ■ Immediately after the trial TuosHay Beckett conferred with Judge Rollins. Several months ago Judge Hollins submitted his final ruling Bhich he said would govern all ■quor cases tried in his court when Hie question as to the validity of a Karch warrant was raised. It is Judge Collins may ask that ruling be observed while apmunicipal courts arc BPby special judges. HEieut. Eisenhut said a neighbor Bomplained to him about I.uzar s Tesidence and he obtained a warrant from the court of Justice of Peace Henry H. Spiher in Haughville. A police officer has no right to search a home with a search warrant obtained on the mere hearsay of a neighbor that liquor is kept there. Judge Fred McCallister ruled Tuesday, when he sustained a motion to quash the affidavit for a search warrant used by Sergt. John R. Eisenhut to enter the home of Frank Luzar, 934 Haugh St. Not on Hearsay “You can’t seareh a premises on hearsay evidence,” said the court. “There has been no showing here of probable cause.'” “If that’s the case, it makes it im-possible-to enforce the law,” replied Beckett, deputy general. The judge ruled that the person knowing of the law violation should himself swear dut an affidavit for arrest. Eisenhut said he found about 200 gallons of wine in the home. In municipal court from which Luzar appealed, he was fined .SIOO and senTenced thirty days on the Indiana State Farm.

SUGAR CUT HELD UP BY COOUDGE fsnate Finds President Pigeonholed Report. Bv United Press | WASHINGTON, March 31.—The United States tariff commission recommended reduction in the sugar tariff report it submitted to President Coolidge, July 31, 1924, which the President pigeon-holed, it was revealed today when the report was submitted to the Senate Tariff Investigating Committee under a subpoena. The reduction recommended it lip reduced from $2.50 to $1.54 per hundred pounds. The President declined to authorize the reduction and none has been made.

■JUKE W. DUFFY K IS CANDIDATE Lin for Marion-Johnson Representative. Luke V. Duffy, 2929 Washington Blvd. tipday announced he would file noticy of candidacy for the Republican /nomination for joint representative \of Johnson and Marion Counties, \ f: Duffy, w'lf 10 f°r years has taken an interest’ in\ agricultural problems, Was a State\S- e P resenßß ive in 1917, a (State Senatt r in 191S * and a Re P" taasentative ajw* n i’ l 1923. ■fcta was oneW’t the Indiana deleMl named i Governor Jackson ■k, reC ent f agricultural cotifer■L Res MPines, lowa. He dc-jftt-yi-nr ,Jf greater tax cxempproperty, and said, *.’GSe3H''Uld introduce a li!l owners higher jggM&'ltluxatton. AVERTED jSHBpHB;! Finn Turnover IV-m;ei 1- i- - v ,l:,s '• i e - : gi .a t i. >ti I h• • Socialist Deputies to tunim'i-r nice Mina part of

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Mystery Grips Gotham Trip

Here’s Edgar Martin, who draws “Hoots and Her Huddles.’’ Wliat s lie doing on Fifth Ave? You’ll see pretty soon, girls, on The Times comic page.

SNOW TONIGHT IS FORECAST OF WEATHER MAN Lion Appears as Month of March Makes Stormy Exit. HOURLY TEMPERATURE 6 a. m 48 10 a. m 39 7 a. in 47 11 a. m 34 8 a. m 42 12 (noon) 34 9 a. in 40 1 p. m 31 After a month of many vicissitudes of weather, ranging from balmy spring sunshine to biting winter winds and snow March today started its exit from Indianapolis in anything but lamblike fashion. In fact, the lion’s tail was twitching and he was showing his teeth when the United States weather bureau gave its forecast of rain turning to snow and much colder tonight, with Thursday partly cloudy ahd colder. There were a few snow _ flurries shortly after noon. i The thermometer, which registered 48 at 6 a. in., showed a mark of 3l at 1 p. m. The mercury should go down to about 28 tonight, weather bureau officials said. Tuesday night the city was visited bv rain, which totalled seventy-eight hundredths of an inch, but the main portion of a storm ■which holds the Middle West missed Indianapolis. Phone Wires Down Telephone wires in northern Indiana, southern Michigan and around Chicago suffered heavy damage, because of a gale of sleet in that section, according to a statement of Indiana Bell Telephone Company officials. No estimate of damage could he made. No other telephone wires in Indiana were affected, it was said. The Postal Telegraph Company reported wires down between Monon and Chicago and between Dayton and Columbus. Western Union wires have not been blown down to any great extent except in a section south of Chicago, the wire chief said today. Thirty poles down lietween Sheloyviile and Greensburg tied up the traction line until late this afternoon. ■ Stacks Out of Line Several smoke stacks in Indianapolis were blown out of line. The high winds of the day brought trouble to City Smoke Inspector Joseph C. Buchanan, when two (Turn to Page 2)

NEGRO SCHOOL BARRIER GONE Injunction Denied by High Court. Final legal barrier to completion of the new Negro high school at Twelfth and West Sts., now known as the Crispus Attucks school was removed today when State Supreme Court denied Archie Greathouse, Negro, an injunction against the Indianapolis school board. Greathouse brought suit two years ago to stop construction alleging it was a move toward race segregation. Superior Court sustained a demurrer brought by school board attorneys on the ground of insufficient facts. Greathouse’s attorneys then appealed the case to Appellate Court, where oral arguments were heard some weeks ago. Appellate Court, unable to agree on the case, transferred it to the Supreme Court, where arguments were heard again. In the opinion, written by Judge Benjamin Willoughby, and concurred in by other judges, action in sustaining the demurrer was upheld. The building, now under construction, will cost about $150,000. It .originally was known as the Thomas Kefferson School. , -

BELL MAY NOT ACCEPT RATE BOOST Company Must Deposit Fee of $122,337 Today to Put Increases Granted by Public Service Commission Into Effect Thursday. Piqued by their failure to secure larger rates increases. Indiana Bell Telephone Company officials may not put into effect at midnight increased telephone service rates in forty-four Indiana cities granted Monday by the public service commission. A possibility of delay in making the higher rates effective arose today in the company’s failure to pay a $122.337.65 fee to the commission for executing the rate order. Company officials and attorneys were silent on whether the fee would be paid before f, p. m., last minute for complying with the law. so the increase may be put in effect Thursday. Fear Appeal Meantime, public service commissioners were apprehensive their power to control utility rates again will be tested in the courts, where they have consistently lost cases in the past. If the company is dissatisfied with the rate increase order providing it with only a 6 per cent return, when it requested rates to yield a minumiin 7 per cent return, It may appeal to Marion County courts for an injunction against enforcement of the rate order. The commission might attempt to enforce the rates ordered and sue for the fee, because the law provides, according to Commission Secretary Howell Ellis, that a petitioning utility shoulder the costs of an investigation such as resulted in the rate order. Under this law, it was pointed out, the fee could be collected. “Hanging Fire” .1. G. Halstead, chief appraisal engineer of the Bell firm, said: “It’s still hanging fire,” when asked if the company would pay the fee. The fee of $122,337.65 represents expenses incurred by the commission since April 25, 1925, in con ducting the inventory of Bell property in Indiana. The law putting the cost of public service commission investigations on utilities became effective April 25. That the Bell is delinquent approximately $50,000 in fees on the 1923 rate order was disclosed at the commission office. The order, written by former Commissioner Glenn Van Auken, made no mention of this fee and the company never paid it. The Bell officials will receive no certified copy of the current order until the $122,337.65 is paid, Ellis said. Attorney Silent William H. Tompson of Miller, Dailey ajid Thompson, attorneys for the Bell firm and in charge of the company’s relations with th,e commission, declined to be quoted on whether the deposit will be made. He said, however, he had not examined the order granting the increase with respect to the requirement that the fee be paid. Failure to make the deposit will show the telephone company’s dissatisfaction with the amount of the increase granted in the order, it is believed. May File Later If the firm files the deposit at a later date the increased rates automatically will become effective. The increase will yield the firm $350,000 a year more revenue. The commission, it is understood, orignially planned to write an order granting the company rates that would have yielded it $400,000 more revenue annually, but retracted from this plan, when the American Telephone and Telegraph Company reduced the charge collected from the Bell for use of certain devices upon which the A. T. & T. holds patents. Percentage of the Indiana company’s gross revenues collected was cut from 4Vi to 4 per cent. The order, when it becomes effective, will boost Indianaoplls business service rates $1.50 a month and will increase both residence and business service rates in other State cities.

DOOM OF DEBT PACT FORESEEN Poll Shows Coalition in Congress Smashed. Bv United Press WASHINGTON, March 31.—The Republican-Democratic coalition, that has dominated this session of Congress, smashed today, and it appeared not unlikely that the split would mean indefinite postponement of the $2,045,000,000 Italian debt settlement. A poll indicated the opposition has a fundamental strength of 45 votes to refer the matter to the Finance Committee —a sidetrack on which it would stand at least until the next session of Congress. A United Press poll reveals a posfifty votfcs to refer Aral :lv iwrAmrc-Lh.-m

INDIANAPOLIS, WEDNESDAY, MARCH 31, 1926

SCHOOL BOARD ‘BOSS’ IN SITE MA TTER, SA YS HUGG

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Seated (left to right): I re M Frazer, school business director; William Bosson, attorney for Indianapolis Public School Welfare Association; Theodore F. Vonnegut, school board president. In rear: Merle N. A. Walker, association attorney; F. L. Reisner, school board secretary; Martin Hugg, school board attorney.

Court Hears Arguments on Motions Against S. H. S. Patrons’ Petition. Indianapolis citizens had a chanct to express themselves and elected the present majority members of the school board last November, and these members are only acting withing their powers if they change the location of the new Bhortridge High School, Board Attorney Martin Hugg argued this morning in Superior Court Three before Judge Sidney S. Miller, at the hearing on his motions filed against the com plaint of the Indianapolis Public Welfare Association. Persons opposing the change In location were characterized as "a militant minority,” by Hugg. "They don’t represent the public at all. Public opinion controls the action of everyone,” he stated. The Shortridge question has been the subject of much controversy x-ince the first of the year. Hugg complete'! presentation of the school board's side tff the question shortly before noon, and court adjourned until 2 p. m. His motions. filed Saturday, asked that the association’s petition for a permanent injunction against the board to prevent Its selling the Shortridge site at Thirty-Fourth and Meridian Sts. and buying one on Forty-Sixth St., between Central Ave. and Washington Blvd., be made more specific. He also has asked that certain parts of the petition be stricken out (Turn to Page 2)

ENGLISH VOTE MEETS DELAY Score Ask Time for Impeachment Speeches. Bn United Press WASHINGTON, March 31.-3 Faced with a score of demands for* time to speak, house leaders this afternoon announced that it was virtually impossible to force a vote before adjournment on impeachment of Federal Judge George W. Englisli of the Eastern district of Illinois. Leaders both for and against removal of the jurist were swamped with requests from members, who desired to express their views on the case, held out little hope for a vote before tomorrow. A forceful argument for impeachment of English was made by Representatives Hawes, Democrat, Missouri, who introduced the resolution for investigation of the jurists’ administration. Conditions in English’s court, Hawes declared are intolerable and his conduct is “a public scandal.” JIIRY IS DISMISSED Deadlocked on Penally in Criminal Court Murder Trial. Jury in the trial of Wilbur Hamilton. 43, Negro, charged with first degree murder, was dismissed this morning by Judge James A. Collins of Criminal Court, after thirty ballots had been taken. The jury had agreed on Hamilton’? guilt, it was said, hut six jurors stood for the death penalty while six favored life imprisonment. Hamilton was alleged to have killed William Bell, Negro, luring an argument. Anew trial dace will be set later. TO OPEfTirnDGE BIDS Titus Announces $300,000 Worth of Construction. Bids will be opened by the State highway commission early in May on approximately $300,000 worth of bridges on various State highways, either built or under construction, it was announced today by Chief Engineer William J. Titus. The new structures will be of steel and concrete. None of the new bridges will exceed 125 feet in length, and most of them will be from twenty-five to fifty feet long. build a I! G ;

UNCLE ON TRIAL FOR BOY’S BRUTAL DEA TH Charged With Fatally Beating Bobby Hill. 7, Son of Indianapolis Woman —Jury Verdict Soon.

Bu Timet Special MAYNARDVILLE, Tenn., March 31. —Verdict is expected here before nightfall in what testimony has tended to reveal as the most ghastly, cruel murder in this region ever recorded. The fate of Andy Farris, accused of beating to death his nephew, Bobbie Hill, 7, son of Mrs. Catherine Hill, Indianapolis, will probably be placed in the hands of the jury this afternoon. An early verdict Is anticipated. The State asked death for the

LATHE WORKERS SIGN CONTRACT FOR SAME WAGE Scale of $1.25 an Hour Agreed Upon by Laborers and Employers. Lathe workers today signed an agreement with the General Contractors' Association to work the ensuing year at a scale of $1.25 an hour, it was announced by John Hauck. association secretar. This is the same as last year. This is the first agreement announced on the wage scale contracts. Other organization heads declined to comment, although several building trades wage agreements expire April 1. It is understood some of the building trades workers organizations are seeking increases. C.. C. Pierson, secretary of the Building Contractors’ Association and the Builders’ Exchange, stated that contractors have requests for increased wage scales under advise ment. William Bidwell, secretary of the Building Trades Council, made no comment on tlfe wage scales. Tt was learned that sheet metal workers, now making $1.05 an hour, are seeking increases, but the amount was not announced and rumors that metal workers will stage a walkout unless they obtained the increases, remained uncon’"rmed. Hoisting engineers and painters are also asking for increases. Their contracts expire today. Expiration date for wage scale agreements of bricklayers, hod carriers, plumbers and steamlitters expire April 30. TO PLAN HOME STUDY Executive Group of Education Committee Will Meet Thursday. Executive committee members of the Indiana committee on home education will meet for the first time Thursday afternoon at the public library with Librarian C. E. Rush, a committee member. The committee plans to cooperate with the Federal Bureau of Education in a national movement of home education, fostering home study. Committee members besides Rush are Prof. W. S. Bittner, Indiana University extension division, committee secretary: Prof. R. E. Cavanaugh, Indiana University extension division director; State Superintendent of public Instruction Henry N. Sherwood, Mrs. G. G. Derbyshire, Indiana Parent-Teacher Association president; Mrs. Frank J. Sheehan, Indiana Federation of Ciubs presi dent, and Ellis Searles, United Mine Workers Journal editor.

Peking ‘Sold’For $50,000

Bv United Press 7’EKING, March 31.—1 tis lea Tied from a reliable source that the nationalist troops controlling Peking have agreed to turn the city over to coalition army besieging it in consideranationalisti

uncle, who was entrusted with care of his poverty stricken sisters’ three children, and who witnesses have said, treated his hogs with greater kindness. Feeling ran high this morning as aftermath of Tuesday's testimony horrified spectators with tales of grewsonie brutality. The main witness today was Bobbie's 9-year-old sister. who testified Paris frequently beat Bobbie often tying his hands and feet, and placing a gag in his mouth and then beating him until his clothes and the floor were blood covered. It was said on one occasion he stood on the boys feet and head while beating him with a club. The girl also testified that on the dav of ‘lie boy's death be burled Bobby’s bloody clothes and told her to say the boy had been kicked by a mule. Farris testified he only punished the boy as any other guardian would for telling falsehoods and smoking. He denied the cruelties charged. The mother said the boy was in good health when she last saw him a month ago and that Farris had tried to cheat her in his living expenses. She was to provide $17.60 monthly for the three children. It was also brought out that Farris tried to co.lect $250 insurance after the boys' death.

SIX APPEAL IN HAWKINS CASE Petitions for Rehearings Filed at Chicago. B" United Press CHICAGO, March 31.—Six of the defendants in the Hawkins Mortgage Company fraud case had filed petitions for rehearings with the United States Court of Appeals here today. The six were among the twelve whose sentences by Special Judge Edward A. Geiger in Federal District Court at Indianapolis had been affirmed by the Court of Appeals at the same time the conviction of three others was reversed. The petitions for rehearing were filed by William M. Jones, AVilliatn M. Webb, Harry J. Bovard, Mord Carter, Frank B. Jaqua, and Carl B. Anderson. The other six convicted defendants must file petitions today if they wish to ask a rehearing. MAN FALLS FROM TRUCK Narrowly Escapes Death Underneath Huge Crane. Harvey West, 58. of 917 Ft. Wayne Ave., riding on a truck narrowly escaped death today when a huge crane was knocked to the ground when passing under the Pennsylvania Railroad elevation at Rural St. It missed him a few inches. West, who was hurled to the ground, was injured about the head. Motor Policemen Dennis and Banks, sent him to city hospital. .. TELEGRAPHER DROPS DEAD Pm United Press SYRACUSE, Ind., March 31. Charles Henry, 58, veteran Baltimore & Ohio railroad telegraph operator here, dropped dead today while walking to a doctor’s office. He had been taken ill while at his key.

evacuate the city for $1,000,000. The $50,000 would be paid from custom duties, whereafter the nationalists gradually would evacuate the city as the coalition troops peaceably filtered in. Overthrow of the present Peking government Is expected a— a result of this bargato.

Entered as Second-clasa Matter at Postofflee, Indianapolis. Published Daily Except Sunday.

LA GUARDIA WRITES SHARP LETTERS TO SARGENT AND MELLON ON SQUIBB BOOZE Representative Says Answer of Assistant Treasury Secretary to Inquiry Upon Missing Liquor is “Silly” and Gives No Information. ASKS ATTORNEY GENERAL TO STOP LIQUOR DESTRUCTION Makes His Request for Data From Prohibition Head Specific Wants to Know How Many Cases Were Seized and How Many Marshal Has. By Roscoe B. Fleming Time* Staff Corrcsvnnttcnt WASHINGTON, March 31.—Two sharp letters asking infurmat ion us to the alleged disappearance of the \V. P. Squibb liquor from the Federal Bldg, in Indianapolis were written today by Representative La Guardia, Socialist, New York. La Guardia charged last week that 350 cases, valued at $84,000, have disappeared. One was written to the secretary of the treasury, following receipt of a letter by La Guardia from Gcrrard B. Winston, acting secretary, saying that the liquor was in possession of the United States marshal and that the Department of Justice could supply the information La Guardia asked.

The other was to Attorney General Kargent asking the amount of liquor taken over and the amount showed by a recent recount to bb still there. La Guardia characterized Winston’s letter to him as "the silliest and the least Uiformatory 1 have ever received from a public official In twenty-two years of public life.” It merely traced the history of the Squibb liquor from the time it was seized to the time it was taken over hy the United States marshal In January. 1923. Holds Up Resolution La Guardia said he probably would follow up by another letter to Sargent Informing him that from news dispatches the marshal at Indianapolis is only awaiting a court order from Chicago to destroy the liquor, ind asiting Sargent to order that this not be done until responsiMlity fur the disappearance and the amount of liquor which has disappeared is fixed. He said he had de(bled to attempt to get the information this way before filing a resolution asking inquiry by the house. Lelter to Sargent l,a GuarJia wrote to Sargent: "I am informed by the acting secretary of the treasury that the liquor concerned was taken over by the United States marshal in January, 1923. I am likewise informed that this liquor is still in possession of your department. Will you tell me how many cases were delivered to the officials of the Department of Justice by the prohibition department and if receipt therefor was given? “Will you also be good enough to

Meredith Denies Making Check Entry

Denial that any check was made of the W. P. Squibb Company liquor In the Federal Bldg., other than that by himself and A. J. Signalgo, special examiner of the department of justice, last Thursday and Friday, was made today by United States Marshal Linus P. Meredith. f When questioned about the entry on the Federal Court docket of July 28, 1923, signed by "Linus P. Meredith, United States marshal,” which showed an inventory had been made and that 1,445 full cases of twelve quart bottles each had been found, six cases party filled and two empty, Meredith said there has "only been one check made and that was the one last week.” "I have said time and time again this recent count is the only one that has been made.” Meredith stated. When asked if the signature on the docket entry and the entry itself was made by him he refused to answer. , No Record Before He again stated that last week’s chock was the “only count and that there was no record of the number of cases before that time.” The docket entry signed by “Linus P. Meredith, United States marshal,” reads as follows: “I received this writ (for seizure of the liquor) at Indianapolis. Jan. 11. 1923, and executed the same by seizing 1,467 cases, each containing quarts of a liquid, known as whisky, at Lawrenceburg, Ind., Jan.’ll, 1923, and on said day I shipped said cases to Indianapolis, where I stored same In the Federal building, , awaiting further the cofr t, and K caused somJBL 1 in .iilnilraity tt^

Forecast RAIN turning to snow and much colder tonight; Thursday partly cloudy and colder.

TWO CENTS

inform me how many cases are now in the custody of your department, I desire this Information to cheek up just who is responsible for 350 cases or more ha' Ing been taken from the stock after the liquor had been seized by Government officials. I am sure you w.nt to cooperate and determine Just who Is responsible and who should be held accountable for the various cflmes committed in unlawfully removing the liquor in question.” He Makes H Clear La Guardia's letter to Mellon, In part: “Although your letter Is one full page, single space type, it does not give ine any information. You state that the prohibition authorities seized the stock of the Squibb distillery. Now what I want to know is simply how many cases did this stock consist of and to whom was the receipt required hy law glveiU by the prohibition authorities. A “If 1 have not made myself sufll dently clear, how many cases oo whisky were seized by the prohibition authorities in the instance to which you refer In your letter of March 30 in reply to my letter of March 16. Was the required receipt given to the persons from whom the whisky was seized. "Did the prohibition authorities in turn obtain a receipt from the United States marshal in January, 1923, when as you state It was turned over to the United States marshal at Indianapolis. How many cases were turned over to the marshal in Indianapolis in January, 1923?”

be published in the l-awrencehurg •-egister on Jan. 18, 1923. and in the Indiana Daily Times on Jan. 18, 1923.” Ixater a second entry was nuide: “The above return wus based on a rough count at night while the whisky was loaded in freight cars and I am now supplementing the proper and accurate return based oh (Turn to Page 14)

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