Indianapolis Times, Volume 38, Number 58, Indianapolis, Marion County, 19 July 1926 — Page 1

Home Edition Major Hoople and the boys in a second-hand truck on a vacation tour! You’ll enjoy the outing more than they. Comic Page daily.

VOLUME 37—NUMBER 58

CONTEMPT ■ CASE DIET CO HIGHER Muncie Editor Says No Statute Defines Charge in Indiana. TO FEDERAL TRIBUNAL Writ of Error Granted to Dale’s Attorney. That there is no statute defining fcontempt of court in Indiana is one fkt the grounds on which the case of George Dale, editor sentenced a*t Murfcie to three months in jail on a contempt charge, will be taken to the Supreme Court of the United States, it was announced today. The first step in such an appeal Was taken Monday, when Chief , Justice David A. Meyers of the Indiana court granted a writ of error to William V. Rooker, attorney for Dale, and fixed a bond of SI,OOO. The bale case has been before the courts for three years, Dale having been Sentenced at Muncie after a fiery denunciation of the grand jury and the court machinery. Upheld Conviction The State Supreme Court upheld his conviction in one case, and it is against the conclusions of the court in that case that Dale now appeals. The Supreme Court ruled, among other things, that the “truth is no oejjgnse” in comments which might embarass the court in pending cases. This is one of the points to be reviewed. The sentencing of Dale came after he had vigorously fought the Klan control of public offices. alleged that he was sentenced because of that fight. His appeal is being financed by a group of Chicago men, headed by Emmett Cavanaugh. It is announced that they will back up his appeal and provide the necessary funds. Other Assignments Rooker has other assignments of error, among them being the charge that the court was not in reality a court and that Dale was denied the right of free speech. Rooker said he believes that the case contains elements which make it important from the standpoint of the public right of free speech, and hopes to present these phases. He Will leave for Washington in a few days to present his petition.

MAN, 70, DROPS DEADJ STORE j. R. Perkins Was Having Prescription Filled. J. R. Perkins, 70, of 4353 Guilford lAve., dropped dead at Pennsylvania land Ohio Sts. early today, when he Was about to have a prescription filled in the Hook drug store, at that location. Relatives told police that he had been suffering from acute indigestion for some time and had been to see Dr. R. O. McAlexander, 740 Bankers Trust Bldg., who gave him the perscriptlon. As he handed it to the drug clerk he collapsed, and all efforts to revive him failed. Police turned the body over to relatives on orders of Coroner Paul F. Robinson. IMessenger boy hurt Sustains Possible Skull Fracture When Auto Strikes Bicycle. Lawrence Underwood, 15, of 4249 Royal Ave., a messenger boy, was Injured and received a possible fractured skull Sunday night when the bicycle he was riding at 500 N. Meridian St. was struck by an auto driven by Melvin Light, 4144 Bowman Ave. Police sent the injured boy to the city hospital, where his condition is regarded as serious. FANNY FLAPPER SAYS:

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V \ , * e . /' The Indianapolis Times COMPLETE REPORT OF WORLD-WIDE NEWS OF THE UNITED PRESS

Death, in Various Forms, Exacts Toil Death in various forms took a tremendous toll over the week-end. Eight persons perished In an electrical storm, which swept Maine, Massachusetts and New Hampshire. A dozen others were injured. Damage was upward of $1,000,000. Seeking relief from the heat, 100,000 persons jammed Chicago’s beaches and four were drowned. Three drowned at New York’s beaches, and dozens were injured when a storm broke over the metropolitan area. In Indiana, a race driver was killed at Ft. Wayne, and a Wabash man was killed by lightning when he sought shelter under a tree. Seven persons were killed in Kentucky during the last twenty-four hours in brawls and fights. One man was killed and another injured in a storm at Cleveland. , Freak weather and storms gripped England. Flood waters of the Danube invaded lower Bulgaria. Sixty were reported dead. The London Daily Mail today reported that thirty persons had been killed by lightning during violent torms in Albania. Superstitious Dread Dawning of Tuesday Bu United Press LONDON, July 19.—Superstitious Britishers today awaited Tuesday with genuine dread of the unnamed disaster which occult agencies have foretold. But business went on as usuSl in Britain, despite the gloomy prophets. July 20, 1926. has been fixed as 1 the day upon which will commence a series of events vitally affecting the entire world, according to a group of Egyptologists, whose deductions from an ancient p-opheey today were being supplemented by messages from spiritualists throughout the world. ACCIDENT IS UNUSUAL Woman, 66, Breaks Arm When Pouring Water From Pan. In an unusual accident, Mrs. Margaret. Kimery, 66, of 1425 Churchman Ave., received a fractured arm at her home Sunday. Police say Mrs. Kimery took a. pan of potatoes to the back yard to pour the water from them, and as she swung the pan her arm snapped. She .was sent to city hospital. AUTO TAKES PLUNGE Two Negro Youths Escape Harm When Car Goes Into Canal.

Two Negro youths had a narrow escape from death Sunday night when one of them released the brake on an auto owned by Frank Greenwell, Negro, 711 Drake St., parked at Twelfth St. and the canal. Greenwell said one of the youths jumped as the car started into the water but the other did not and had to be pulled from the water. The youths ran before police arrived. A wrecker pulled the car from the water. PEDESTRIAN IS STRUCK Woman Hurt W r hen She Walks Into Path of Auto. Miss Esther O’Brien, 2805 Highland PI., was injured about the .head and body and taken to the city hospital in a serious condition today, after she was struck by an auto at Massachusetts Ave. and Alabama Street. Police sid sne was crossing the street, and, according to witnesses, stepped into the path of the auto driven by Earl Beam, 30, R. R. 8, Box 205. DESERTED AUTO FOUND Woman Calls Police When Car Makes Her Suspicious. An auto damaged as if it had been in an accident, and with the motor running was found by police at 136 Harmon St., Sunday. The officers were called by Mrs. Sudie Light of that address, who said she first noticed the auto at 5 a. m. and became suspicious when it remained there six hours later. The eertifiicate of title was issued to Tim Moore, Auburndale, Fla. Police took it to the recovered auto garage. NEW BLUE LAW TEST Six Face Trial Charged With Sunday Law Violation. Bu United Press HARTFORD CITY, Ind., July 19. —Another test of Indiana's Sunday blue laws was to be made today in justice of the peace courts here. Six men faced trial, charged with operating the Adelphia Gardens dance hall here last night in violation of the Sunday closing law. The men were Roscoe Crosby, manager of the hall and five members of the orchestra. Two farmers living near the gardens swore out the warrants for their arrest. RUMORS WILD IN~PARIS i i Herriot Expects to Get Ministry by Night; Franc Slumps. Bu United Press PARIS, July 19.—Premier Herriot told the United Press today that he would have has cabinet formed by tonight. “I am assured of the collaboration of the various members of the cabinet," the former premier said. Meanwhile Paris was full of wild rumors of political and financial character, and the franc head reached anew low level on the Bourse from which it had recovered at noon to 223 to the pound sterling and 4§,85 to the dollar.

CITIZEN BODY ASKS JA CKSON TO NAME STRIKE MEDIA TORS

Fight for Ideals Which Cost Life of Don Mellett Promised by Cox

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Ohio Leader Attends Services for Slain Publisher. Standing at .the head of the bier of Don R. Mellett, murdered Canton (Ohio) Daily News publisher, James M. Cox, former Governor of Ohio, one time Democratic nojnlnee for President, and owner of the Canton News, today promised the life objective of Melllett —wiping out of vice and crime in Canton—will be carried on. The gentle summer breezes swayed the floral offerings that surrounded the coffin, as Cox praised tho man who died for the cause, at funeral services held at the home of the slain man’s mother and brother Roland Mellett, 3357 Washington Blvd. ‘This movement started by Don Mellett is a motion that shall not lose its momentum,” Cox declared. “Canton, Ohio, will carry on the work started ,by Don. The manufacturing interests, captains of industry, professional men and the clergy, are uniting to carry on the work.” Tribute Paid The Rev. Alexander Sharp of Columbus (Ind.) Presbyterian Church, of which Mellett was a membef when he was publisher of the Columbus Ledger for five year, paid high tribute to him. Following the services the body was taken to Crown Hill, where It was placed In the family vault. “The slayers failed to frustrate these things for which he fought,” Rev Sharp declared. Cox said Mellett was not brought to Canton as a crusader, but as a (Turn to Pag* 11) TRAIN WRECKS TRUCK Joe Payne, 22, Driver, in Serious Condition at Hospital. Joe Payne, 22, of 1718 E. New York St., was injured about the head and body today and taken to the city hospital' in a serious condition, after his truck had beeni struck by a railroad switch engine at the Erie & Western freight yards, 200 S. Alabama St. F. R. Webster, Martinsville, Ind.. engineer, said he did not see the truck until he heard the crash. Harry Higgins, 40 N. Sheffield Ave., conductor, said Payne drove from behind a cut across the tracks. The truck was demolished.

INDIANA MAY GET MOREDRYAQENTS Seventy Men Ready for Thirteenth District. Additional Federal prohibition agents may be added to the Indiana enforcement force, it was learned today when Frank Dow, executive assistant of Dry Czar Lincoln C. Andrews, said seventy more men are now available for the Thirteenth district. Distribution of the additional force is up to E. C. Yellowley of Chicago, district administrator. A. R. Harris, deputy director, here, has requested additional men and said "he hoped to otbain them.” The present Indiana force is composed of nineteen agents, who now are permanently stationed in various sections of Indiana. Harris said he neded at least ten more men. NOW GEORGE CAN’T PLAY George Stark, 1245 Congress Ave., golf professional at the Coffin municipal course, told police that some time around midnight Sunday a thief stole golf clubs valued at $250 and a tire valued at sao from his auto, parked at Thirteenth and Illinois Sts.

INDIANAPOLIS, MONDAY, JULY 19,1926

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Above: Casket bearing the body of Don R. Mellett being brought down the steps at the home of his mother and brother, Roland L., here, following service*. Below: James M. C’ox, former Governor of Ohio, as he appeared at the funeral. LilißAlT FOR BABIES HERE Indianapolis Best in Infant Mortality Roll. Indianapolis babies have better chances to live during their first year than in any other large city in this region, according to statistics received today by Dr. Herman G. Morgan, city health officer, from a survey for 1925 conducted by the American Child Health Association. The local death rate per 1,000 dropped from 72 td 70 during 1926, the report shows. Ten years ago the rate was 139. Other cities over 250,000 population nearby were: Cincinnati, 77: Chicago, 75: Detroit, 77; Toledo, SI, and Kansas Ctty, 88. The Louisville rate was 81. With a low mark of 45, Seattle led all cities over $250,000 in low infant mortality. Babies In Washington, D. C.. are in most danger, with a rate of 87. ,

Harold Grange Is Indicted by Jurors Harold Grange, not the scintillating ‘‘Red’’ of football fame, but a Harold Grange living at 327 N. Pine St., was among those indicted today by the county grand Jury. He was charged with vehicle taking, as were Thomas Finton, 327 N. Pine St.; Gilbert James, Wilbur Allen, Leonard Wilson, Ray Bachelor and Arthur Weber. Other indictments named Louise Patton, for manufacture and possession of liquor; Vernon Langford, grand larceny; Arthur Clements, grand larceny; Norman Silvey, burglary and grand larceny, and William Young, 308 N. New Jersey St., assault and battery. \N\FE AND BABY GONE Left Home July 3, Husband Reports to Police. Roland Sheppard, 1908 Ashland Ave., today reported to police that his wife. Myrtle, 21, and their 2-year-old daughter have been missing since July 3. Sheppard said he did net report them gofie at that time because he felt.they were on a visit to relatives.

i Suspect Arrested Separate Investigation Is Ordered by Governor. Bu United Press CANTON, Ohio, July 19.—Within, two hours after search for George (The Greek) Pstalias was ordered today by Ora Slater, noted detective In charge of the investigation of the slaying of Don R. Mellett, word of his arrest near Pittsburgh was received here. The Greek was seen here Thursday about twelve hours before 'Mellett, Canton Daily News publisher, was ambushed and shot to death behind his home. The arrest of Psialias followed quickly upon another big development in the case. Orders from Columbus by Governor Vic Donahey for an “immediate and independent” investigation' of the assassination were received A deputy sheriff and a woman dive keeper in Canton's “jungle*' are believed to hold the key which may unlock the mystery of Mellett's murder. “I am going to bump off that damned Mellett,” a well-known divokeeper and bootlegger is reported to have told the deputy sheriff, whose name is not revealed, ten days be-’ fore the murder. ‘No, I wouldn’t dirty my hands on him. to have him bumped off,” the character was quoted as replying to the officer's suggestion that “it would be enough to beat him up.” The divekeeper's name was said to be prominent among those of the city’s underworld. He attempted to (Turn to Page 2) POPE’S GARDENERS QUIT Vatican Workers Demand Higher Wages From Church Head. Bu United Press ROME, July 19.—Industrial .unrest reached into the Vatican today with the Pope's gardeners struck, complaining that their wage of approximately fifty cents a day was insufficient to meet the rising cost of living. Other departments of the Vatican personnel apparently have determined to follow the lead of the gardeners, and a Cardinals' commission is examining the question of raising the wages of all Vatican employes. Pope Piurf received the report of the commlsion with suggestions for preventing extension of the strike.

SUN DANCE TO END First Indian Religious Rite to Be Held in Four Years. Bu United Press IDAHO. July 19.—When the sun slips behind the mountains to the west late this ifternoon, at the big bend on Portneuf River, the first sun dance of the Blackfeet and Shoshone Indians to be held on this reservation in four years, will be completed. Hundreds of residents of southeastern Idaho were here Sunday to watch the fifty braves as they kept up their continuous movement to the monotonous beating of tomtoms. The three-day sun dance is a rite intended to express the gratitude of the tribes for good health and general good fortune. NEW ‘FIRST NATIONAL’ Man Arrested Wraps SSOO in Bills Around Logs. Officers toda*y held for investigation a man found in St. Clair park who carried a loaded automatic pistol in his pocket with $63 in cash. Officers said the man also had SSOO in bills wrapped around his legs. He refused to talk, except to give his name as Ross Engiass, 35, of 226 E. Vermont St. He is held uftder ,*2,000 bond, - on charges of vagrancy and carrying concealed weaJJt>on* v

Learn to Swim /“How To Swim,” first lesson for Times’ readers, written by Lillian Cannon, appears today on Page 3.

Pink Corset Worn by Aimee Sought Bu United Press LOS ANGELES, July 19.—The pink corset which Aimee Semple McPherson was wearing when she reappeared in Agua Prieta, Mexico, five weeks after her supposed drowning, was again sought by investigators today as an important clew in the solution of her self-described kidnaping. Investigators have learned, it was said, that a corset answering the description of the one worn by the evangelist was purchased in an Arizona village between Yuma and Tucson. If the store which sold the article can be located the officers believe they will have a tangible clew to the perpetrators of the mysterious kidnaping. Man Slain Breaking Up Petting Party Bu United Prest KEOKUK, lowa, July 19.—Because he interfered with their “park ing automobiles and pitting on the shady highway near his farm.” eight youths today are charged with the murder of Samuel Hurd, a farmer. Hurd was killed Saturday night and the youths told the story of the killing today. The farmer appeared at the petting party scene, according to the story, and demanded money from each youth, which they refused to pay. Hurd was killed in a scuffle for a shotgun he carried. Dog, Prize Fighter Rescue Aged Couple Bu United Pre* FERNDALE, Mich., July 19.—A midget fox terrier. “Mitzi,” and a prize fighter-fireman, Billy Peterson, today shared honors for the rescue of an aged couple whose home burned to the ground here. To "Mitzi” the honor of shrilly barking the alarm, and to Peterson that of mounting a fortyfoot ladder and carrying to safety Mr. and Mrs. Emil Rieux, 70 and 72 jears old, respectively. TUG SEARCHES LAKE Prominent Detroit Nerve Doctor Disappears From Ship. Bu United Press DETROIT, July 19.—A lake-going tug of the Great Lakes Towing Company at Ashtabula, Ohio, was ordered out today to search Lake Erie for possible trace of Dr. Bertrand L. Jones, prominent Detroit nerve specialist, who disappeared from the steamer Greater Buffalo enroute from Buffalo to Detroit last night. REUNION NEXT SUNDAY Former Residents of Newpoint to Meet in Garfield Park. Former residents of Newpoint Ind., now living in Marion County, will have their annual reunion Sunday )n Garfield Park, it was announced today.

DUVALL ADVOCATES MODERNIZING LA MX “Too Many ‘Thou Shalt Not’ Ordinances Make People Indifferent,” Mayor Tells Fraternity Men.

Modernization of city ordinances by a commission of attorneys will be proposed by Mayor Duvall, he announced in an address today to the national convention of the Phi Delta Kappa fraternity at the Lincoln. “We have had a commission codify our city ordinances, but l believe we should have a commission, free from partisan and political influence, recommend to our city council the repeal of old, obsolete and inconsistent measures and adopt th.e necessary corrective measures," Duvall said. Note of Curtailment Duvall struck a note of curtailment of legislation. “The average city policeman has to be a pretty good lawyer nowadays to know when an ordinance is or isn’t,” he commented. Assailing "Yewkant” ordinances as inducing to disrespect for law, Duvall said: People Indifferent “There are so many ‘thou shalt not’ ordinances that are obsolete that people become indifferent, not only to those that are silly and inconsistent, but likewise to those that are vital and important. “We legislate and regulate motor traffic, the stop and go signs, automatic and othewise, yet leave the pedestrian free to stop and go. as he pleases.” Duvall told the visitors he would not provide them with keys to the city because ‘‘none of my numerous brothers-in-law are locksmiths.’’ Tuesday afternoon the election ■ of officers of the fraternity

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

Governor Says He Has Received No Word t)f Action To Consider Car Controversy “Facts.” COMMITTEE REPLIES TO TODD One Act of Dynamiting During Night —Another Frustrated. With the strike of unionized Indianapolis Street Railway employes entering its third week, th<^citizens’ committee, seeking to end the walkout, today called upon Governor Jackson to appoint a mediation committee, as provided by Indiana laws, to recommend methods of settling differences between the company and the workers. The Governor stated that he had received no communication from the committee, and added that his action would depend on “the facts set forth in the request, together with other pertinent facts.”'

While the street railway issued no l official statement, it was indicated that the company would continue to take the position that the public service commission is the body which should mediate any differences between itself and its employes, under terms of a contract which it is said all employes sign. Appearance before any other mediation body is a violation of the contract, the company holds. Views Not Reconciled The call to the Governor was made after the committee found it could not reconcile views of the union men and the company on existence of such a contract when the strike started. Members of the citizens’ committee also issued a reply to a statement made by President Robert I. Todd of the street railway, asserting that it is not their Intent ‘to solicit or procure present employes not Involved in the existing controversy to start anew controversy." The committee, in its request to Jackson, set forth that the car company would not agree to any methods of arbitration except those provided for in the alleged contract with Its employe*- The employes’ chief grievance Is that of wages, and a secondary grievance is lack of adequate arrangements for collective bargaining, it was said. Explosion Frustrated The committee’s action came after a night marked by one act of violence, the dynamiting of a street car. and the frustration of another explosion, which probably would have been the worst since the advent of the strike. The warning by Todd, to which the committee replied was to the Governor and union and company officials that “any effort on the part of the „ committee to solicit and procure present employes not .involved in the existing controversy, to start anew controversy wi’.l be considered as ample grounds for declining any further negotiations or conferences.” “We interpreted statements of Will H. Latta, counsel for the company. to mean that tlje company would welcome any course of arbitration brought upon petition of an employes to the public service commission,” said Frank P. Baker, attorney for the union men. "But Mr. (Turn to Page 11)

will take place. The candidates for presidency of the order are: Levine Hersch. Portland. Ind.; Charles Roemhildt, Dayton, Ohio; R. J. Eller, Warren, Ind. For the vice presidency, Lynn Parkinson, Lafayette, and Cal Long, Elwood, are candidates. Paul F. Deaton, Connersville, is, unopposed for his fourth term as secretary and treasurer. A picture of delegates to the convention was made at noon today on the Monument steps. More than 400 are in attendance. MERCURY STILL CLIMBS Warm Wave Continues as Temperature Hovers Around 90. Indianapolis today continued to swelter under the heat wave. The temperature is above normal and will probably continue through Tuesday the United States Weather Bureau said. Sunday the maximum was reached at 2 p. m. The day started with a temperature of 74 at 7 a. m. and by noon the mercury climbed up to 88. At 7 p. m. it was still 38. During most of the afternoon the temperature was hovering around the 90 mark. The high mark for the season so far is 97. HOURLY TEMPERATURES 6 a. m 74 10 a. 88 7 a. m 75 11 a. m 90 8 a. 79 12 (noon) .... 92 9 a. m...... 84 1 p. m 93

Forecast \ Mostly fair and continued warm tonight and Tuesday.

TWO CENTS

The Strike Today

Citizens’ committee calls on Governor Jackson to appoint mediation committee. Governor says he has not received request, but will consider “facts.” One street car dynamited, another explosion narrowly averted. Citizens group replies to street railway head's waraning not to get new employes in controversy. No word from Harry Boggs, missing union president. JACKSON REVOKES EIGHHAROLES Prisoners Failing to Pay Fine Installments Affected. Paroles of eight prisoners in the State’s penal institutions were revoked today by Governor Jackson on recommendation of the State pardon board, which informed Jackson that the prisoners have failed to make payments on their fines, which they were permitted to retire in installments. , Jackson also approved the pardon board recommendation that Dewey White, convicted June 15, 1926, in Marion Criminal Court on charges of unlawfully possessiing p, vehicle, fined $25 and costs and sentenced to thirty days on the State Farm, be paroled at the expiration of the sentence and be permitted to pay his fine in $5 monthly installments. The parole of Rose La Follette. found guilty in juvenile court on March 5, 1925, for child neglect, sentenced to the . Woman’s Prison for six months and fined SSOO, was revoked. She was paroled Dec. 3, 1924. Others whose paroles were revoked: Alex SzaciMichigan City; Charles Ryan. Connersville: Clarence Reams, Michigan City; Charles W. Churchill, La, Porte; Arthur GJisdorf, Nashville; Leo Theurer, Bluffton, and William Combs of Delphi. All had been sentenced to the State Farm. POKER SLAYING TO JURY Stanley Hedger’s Fate to Be Given Body Late Today. Bu United Press FRANKLIN,. Ind.. July I.9.—The murder trial of Stanley Hedger was to go to the jury in Johnson County court today. Hedger is on trial for the killing of Frank Brannan in a quarrel during a poker game near Edinburg on May 20. SHERIFF IS ROBBED Bu United Press CHICAGO. July 19.—Robbers axe no respecters of sheriffs. Pickpockets took a. wallet containing $390 from Sheriff E. Kelman of Bonndl Terre, Mo., when lie stepped out of a downtown motion picture theater.

What Do You Do With Your Outgrown Clothing? Most every one has some articles of clothing, that they have outgrown or become tired of wearing. Tucked away in some out of the way place no doubt you have a suit, coat, overcoat, dresses, furs, or clothing that you no longer wear, but that are just too good to throw away. You can easily sell such clothing—use the money to purchase new. A want ad in The Times will put you in touch with the people who are daily paying cash for slightly used wearing apparel. Call Main 3500—we will help you write your ad and you can charge it.