Indianapolis Times, Volume 38, Number 250, Indianapolis, Marion County, 24 January 1927 — Page 1

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VOLUME 37—NUMBER 250

SACASAGIVES NICARAGUAN PEACEPLAN Legal Government, Honest Elections, Desired Ends of Leader. FOR NEWSPAPERS’ USE Talks to Scripps-Howard Correspondent. By William Philip Simms Staff Correspondent Scripps-Howard Newspapers. < Copyright. 1927, by Scripps-Howard Newsf papers) COLON, Panama, Jan. 24.—(8y Cable.) —Dr. Juan B. Sacasa. liberal president of Nicaragua, authorized me before I left Puerto Cabezas aboard Admiral Latmer’s flagship to make known through the Scrippsiloward newspapers his flna! peace terms. -- First, would be a guarantee of constitutional government in Nicaragua. Second, provisions for honest elections in the future. “That’s all that stands between our country and peace,” he said. “Is that too much to ask? Does that sound communistic? “There are several ways to accomplish this program. Your newspapers already have printed one, that one outlined by Dr. Espinoza, our foreign minister.” (Dr. Espinoza’s proposals were: 1. Immediate cessation of hostilities. 2. Resignation of both Sacasa and Diaz. 3. Anew election under the supervision of the United States, Argentina, Brazil and Chile.) “An even quicker way,” said Saoasa, “might be first for the Conservatives and Liberals to meet and agree on some member of the Senate who is connected with neither party to act as president during the remainder of the term. Second, to call a constitutional convention and make such amendments as are necessary. Third, to invite a pan-Amer-Dan electoral commission, organized lender the chairmanship of the United States, to supervise ttm If*!* electioqp and, perhaps, succeeding elections, until Nicaragua reaches the poinjf where such supervision Is unnecessary. “I ask nothing for myself. I was •elected vice president 'against my wishes, but. having been elected, I must uphold the Constitution. That is one thing I learned at schopl In the United States. "I am sure Americans will recognize the unselfishness of my proposal and likewise Its fairness. “I would call attention to the fact that Mexico, persistently linked with Nicaragua by propagandists, is conspicuously absent from the picture. I suggest a pan-American commission, however, for two reasons: It would tend to draw the Latln-Ameri. can republics and the United States closer together, and it would render suspicion and criticism of the United States impossible throughout LatinAmerlca.”

RAMSAY GRANTED CHANGjOF VENUE Danville to Get Barrett Fund Suit Against ex-Officials. Change of venue to Hendricks < ’ounty of the suit of former Corporation Counsel Alvah J. Rucker against County Treasurer Edward Gainsay and eight former treasurers asking return of about SBOO,OOO in Garrett law funds interest to a public depository, was granted today in Circuit Court by Special Judge Lew Wallace. Petition for the Chang* of venue was filed by Ramsay. In December Wallace granted a temporary injunction restraining T’amsay from retaining further Barrett law fund interest. First action of the newly selected court will be to appoint a receiver to handle (lie funds.

2-Line Want Ad Sells 2 Fords * KORD. 2-door sedan: good condition: will sacrifice. Irv, 0281. fi W G. Smith, 6030 Dowey Ave., ran this little 2-line Want Ad in The Times and sold 2 Cars from the one ad. Not only did the ad produce wonderful results, but also cost Mr. Smith less, Want Ads Cost Less in The Times. “I have sold 10 automobiles recently thru Times Want Ads,” says Mr. Smith. Automobiles, real estate, used, but still useful articles, all can be sold thru Times Want Ads. Phone your ad now if you have something to sell— your credit is good. MA in 3500 Better Results—Quicker Results —Cheaper Results.

The Indianapolis Times COMPLETE REPORT OF WORLD-WIDE NEWsMsERVICE OF THE UNITED PRESS

Entered as Second-Class Matter at Postoffice. Indianapolis.

Police on Scent Lucy Marshall, proprietress of a pressing parlor and clothing store at 1132 N. Senate Ave., told police the store win dow was smashed and twelve bottles of perfume taken.

JAILBREAKER IS CAUGHT I’al of Convicted Slayer Captured at r Chicago. Bu United Press ELKHART, Ind., Jan. 24.—Capture of Tommy O’Brierr, alias John Cunningham, who escaped from jail ta Goshen last September, was reported here today from Chicago. Sheriff Tom Long and deputies have gone to Chicago to get O’Brien. O'Brien and his pal, John Hall, fcwere charged with the slaying of Louis Kreidler, South Bend druggist, in a hold-up. O'Brien escaped before the trial. Hall was convicted and sentenced to death. The Supreme Court last wek granted Hall a stay of execution until June 24. PLAN CHAPLIN TAX FIGHT Lawyers in Washington Opposing Government's Claim. Bu United Press NEW YORK. Jan. 24.—Nathan Burkan, attorney for Charles Chaplin, announced today he was leaving for Washington to take up with the Internal Revenue Bureau ftie Government’s claims against the comedian for alleged unpaid income taxes amounting to $1,135,000. An attorney from Burkan’s firm, Charles Schwartz, already was in Washington looking after preliminaries. Burkan again denied Chaplin had agreed to pay the Government the amount of its claims. He will post bond to release Chaplin’s money and then proceed in the usual way to attempt to prove that the claims are unjustified. Chaplin took a ride in Central Park yesterday in spite of the sleet anfl intends doing the same every day this week. U. S. PLANES ‘SKI’ OFF Squadron of Twelve Begins Good Will Flight to Canada. Bn United Press SELFRIDGE FIELD. Mich., Jan. 24.—Twelve fighting planes of the United States Army pursuit group, equipped v'ith skiis, left here today at 9:15 a. m. on a four-day good will “invasion” of Canada. The squadron was under personal command of Maj. Thomas G. Lanphicr, commandant of the field. A transport plane with six mechanics aboard left a half hour ahead of the pursuit group. STATE HIGH IN CANNING Biennial Census Puts Indiana in Seventh Place. Times ~Wn Shinn ton Bureau. 1321 \'ew York Avenue WASHINGTON, Jan. 24.—The biennial census of the canning industry shows Indiana in seventh place in the United States, the Department of Commerce announced this afternoon. The figures, gathered in 1926 upon business of 1925, show California leading with 309 establishments with products valued at slßl,262,830. One hundred and twentyfour Indiana factories canned $31,674,387 worth of food in 1925.

LIQUOR, VAGRANCY LEAD Total of Two Charges Amount to Two-thirds of Arrests. Liquor and vagrancy were responsible for more than two-thirds of the 110 arrests made by police over the week-end. Records show that twenty-nine men and one woman were charged with intoxication; nine men and seven women, blind tiger operation; for-ty-five men and ten women, vagrancy. No arrests were made on charges of driving while intoxciated. SHEPHERD FULLY CLEARED Bn United Press CHICAGO, Jqn. 24.—William D. Shepherd, central figure in the amazing “germ murder” trial of 1925, has been completely exonerated and today came and received the $1,000,000 estate of his late ward, William N. McClintock, whose death he was accused of plotting.

YOUTH CHARGES ATTACK BY 3 MINERS IN HOTEL

Powers Hapgood, Local Man’s Son and ConventionDelegate, Says He Was Beaten in Pre-Meeting Tilt.

Powers Hapgood, 27, son of William P. Hapgood, president of the Columbia Conserve Company, and three miners were to face assault and Judge Paul C. Wetter this afternoon as a result of what was said to be the first clash of the United Mine Workers of America convention, which opens here Tuesday. Hapgood, a nephew of Norman Hapgood, former editor of a national magazine and well known writer, according to his attorney, Charles Cox, was called to the Oneida Hotel, S. Illinois St., by a ruse and attacked by the three men. Cox said Hapgood charged the men are supporters of the mine union administration faction. Hapgood, Cox said, is a delegate to the convention, but it is understood an effort will be made to bar him from tiie convention. According to Cox, Hapgood, a Harvard University graduate, has worked in coal mines in a number of European countries to study condition of miners, and Is now working in a Pennsylvania min*.

LOCAL MAN SUES ALGER EOR 13,000 'V Wounds Received Night of Capture Render Part of Body Useless, Claim. DAMAGES ARE 'ASKED Youthful Alleged Murderer on Trial for Life. Damages of $3,000 for assault and batter* were asked of Gene Alger, Butler University youth, 1710 E. Ohio St., who is on trial in th Danville (Ind.) Circuit Court for alleged murder of Trafficman John Buchanan, Negro, July 9, 1926, today In a suit filed In Superior Court Two by Carl Scheaffer, 1325 Burdsal Pkwy. Scheaffer charged in the suit that Alger shot him during his dash for freedom, while being pursued by police for the attempted theft of an automobile near the Statehouse. Schaeffer alleged the wound inflicted by Alger caused him to give up his job and has made the muscles of his back and legs practically useless. Schaeffer was a witness at the trial today. The suit was filed against the boy’s father, Garl E. Alger, as next friend.

Remy and Lawyer Clash By Kldora Field Times Ntatf Corresoondent DANVILLE, Ind.. Jan. 24. Heated lilts between Marion County Prosecutor William H. Remy and Otis Gulley, chief defense counsel, featured the murder trial of Gene, Alger, 18. Butler University student, Indianapolis, here today. Presentation of evidence by the State took, up the first day of the second week of the trial In Hendricks Circuit Court. Arguments between counsel became so heated that Special Judge Edgar Blessing rapped for order and asked that attorneys refrain from further clash.. Judge Blessing also asked that the case be exp'-dited. R- niv's Charge Remy charged Gu'ley “placed answers in the witness’ mouth,” while the defense cross-examined Mrs. Maude Bowman, who was on the stand today. Several of Remy’s objections were overruled. Mrs. Bowman, sister of Edmund Beyer, proprietor of the Beyer House, Indianapolis, where Alger fatally shot Trafficman John J. Buchan, Negro, in a gun battle, was unable to recall whether Buchanan had a gun in his hand when he entered the hotel. Nervous Witness She was a very nervous witness and spoke in a trembling voice. The gray-haired woman, about 50, became excited when grilled by Gulley. Carl E. Schaefer, 1325 Burdsal Pkyw., testified he walked from a poolroom, 228 Indiana Ave.. Into the alley and saw Alger roll from a tenfoot brink wall in the rear of the hotel. Schaefer-testified Alger had a gun in his hand and fired two shots, one of which struck him in the body. * Grilled Severely Gulley cross-examined Schaefer severely, asking him if a man standing in front of a machine in the alley did not fire at Alger. Schaefer denied another man standing in rear of him said, “He got him, too” (referring to Alger). We’ll go out and pick him up.” Gulley brought out the witness had threatened to sue Alger's father for doctor and hospital fees. At this point Remy objected and Blessing rapped for order. Trafficman Alvin Lee testified regarding the capture of Alger on the running board of an auto which he had commandeered at New York and Illinois Sts. Lee testified the youth, lying on the sidewalk with bullet wounds, said his name was "John Mason of Illinois.’’

Hapgood was bruised, but not seriously hurt in the, fight. The manager of the hotel called police. Hapgood and Harry Woodsworth, 38, California, Pa.; William Noble, 58, Pittsburgh, Pa. and Joseph Angelo, Blusing, Ohio, were charged with assault and battery. Angelo was also charged with carrying concealed weapons. A representative of the United Mine Workers said that Hapgood has not presented his credentials as a delegate to the convention. They may come before the convention Tuesday morning In the report of the committee dealing with rules of order and business. The three miners will be defended by John C. Ruckeishaus, who said he would ask for a continuance.

BANDITS ROB GROCERY Two armed bandits held up Basil Larrue, 24, of 2402 N. Talbott, Kroeger grocery manager, 137 E. Twenty-Fourth St., at noon today, obtaining $65.

INDIANAPOLIS, MONDAY, JAN. 24,1927

2 Put Auto on Ice; Held on Theft Count “How will an auto act on a slick street?” That was the question that troubled two youths, one 15 and the other 12, Sunday while looking at the auto owned by Leo Landwerlen, 318 Lincoln St., parked in front of his home. They try It out, and when Landwerlewheard the motor start he ran from his home. They encountered difficulties with the streets and Landwerlen gained speed on foot. After a block he overtook the auto and the two were held for police. At the Marion County detention ward, it was not so interesting when charges of vehicle taking were placed.

WAGE SCALE WILL BE BIG ISSUE AT MINE CUT! 1,500 Delegates Here for Opening of Meeting at Tomlinson Hall Today. Arrival" here today, of the first of the more than 1.500 delegates to the thirtieth constitutional convention of the United Mine Workers of Afnerica, opening at 10 a. nt. Tuesday. at Tomlinson Hall, indicated that the most important business of the sessions will be the new wage scale. President John L. Lewis enters this convention with probably the strongest administration backing in the history of the organization. With the naming of the wage scale committee Tuesday by Lewis, the real work of the convention starts. Officials of the miners contend that this convention will be businesslike in spirit and that harmony will prevail in contrast to some of the stormy sessions of past years. Will Dicuss Wages Report of the wage scale committee will not be made until the last days of the convention. As all wage matters go before this body, officials refuse to forcecast the possible demands of the miners. The decision of the convention, acting upon the report of the scale committee, will form the basis of the demands of the miners in negotiating anew contract with the bituminous operators of the central competitive field. The order of business Tuesday of the convention will be: Official opening of th* convention by prayer, offered by a minister of Indianapolis. Receiving of the official welcome from the Central Labor Union. Announcement of members of the rules and orders convention, this will be followed by the official role call and seating of delegates. Lewis Begins Meet With the report of this committee, the work of the convention formally begins with the message of President Lewis. lewis’ address will be followed by the annual reports of Vice President Philip Murray, and of Thomas Kennedy, international secretary and treasurer. It may be impossible to get all of these messages before the convention Tuesday, if not they will be continued sometime Wednesday. Secretary Treasurer Here In addition to the wage scale, matters pretaining to the industry will be brought before the convention, which will continue from ten days to two weeks. This will bethe first convention that Kennedy has appeared as sec-retary-treasurer. He was appointed on Jan. 10. 1925. to succeed William Green, now president of the American Federation of Labor, who will be one of the most important convention visitors. s Among the more important reports to be read before the convention will be that of the old age pension committee. This committee will report on the progreis made In making friends for State old age legislation.

TIPTON FARMER GOES! trial Charged With Murder of Pritchard, Soldiei. Bv Times Rneeial KOKOMO, Ind., Jan. 24.—Jacob RatcUffe, wealthy Tipton County fanner, who, with David On, a neighbor, was indicted on a murder charge in connection with the mysterious death of Guy Orville Pritchard, Ft. Benjamin Harrison soldier, went on trial today. Pritchard’s body was found on State Rd. 31, near Carmel, Ind., Oct. 17. It was at first thought he had been killed by an auto. Investigation revealed he had been killed by a blow from a weapon. Prosecutor Homer R. Miller will contend that Pritchard was killed in Howard County and his body taken near Carmel in an auto and thpown out. His evidence is circumstantial, fce has intimated. A special venire of twenty-five men has been called In addition to the regular venire of twenty for the jury. An important State witness predicted the trial wijl produce sensational revelations involving both Ratcliff and Orr. A soldier's uniform in which was found the letter which Ratcliff is alleged to have mailed Pritchard last summer, probably will be introduoed by th* 3tate as evidence.

LEGISLATURE BATTLES ON BILLS LOOM Proposal Would Create New Public Service Commission of Six. THREE OF EACH PARTY Friends of Collins Form Lobby on Court Plan. Fireworks were ready to be touched off as both houses of the Indiana Legislature prepared to reconvene this afternoon. Measures of major importance are to be reported out of committees which may result in test votes. The appropriation bill lor the ensuing two years was to be introduced by Representative Samuel J. Farrell, Hartford City. Anew measure that may put an entirely different complexion on the C’ann plan to abolish the public service commission is expected to be introduced soon in the Senate. The bill will provide for abolishing the commission and the establishment in its stead anew body of six, three Democrats and three Republicans. L’p to Senate Selection of the members will be after the manner of choosing similar bodies in the Federal Government. Names will bo placed in nomination by the Governor, but approval will require a two-thirds vote of the Senate. Should appointment be necessary when the Senate is not in session a special session will b© called. The recess over the week-end lias given Senators opposing the Cann bill time to prepare data and a formidable array of facts and figures are expected to be brought forth when the fight reaches the Senate floor. The bill introduced by Senator Howard A. Cann, Frankfort, provides for complete nbolttion of the commission and no State control at all. The hill was reported on favorably by the Committee on Public Rights and Franchises, to which Cann asked that it be sent. He Is chairman of the committee. Fight Tuesday • It went tq first reading and the printer by a \ot of 20 to 30. the committee report being accepted. Many Senators explained that they were nob taking sides in this vote, but felt that, with the bill printed they would be able to study It. The fight is expected when It comes up for second reading and engrossment. It is not likely to be called up today, Cann declared, but intimated the battle may be staged on Tuesday. Many members declare that it is utterly Impossible for the bill to pass in Its present form, contending that the result would be chaos The bill introduced in the House by a number of the Marion County delegation to increase council members in Indianapolis from nine to fifteen will be fought to the end. Anti-Coffin representatives consider It as a measure to prevent heckling of a city executive as has happened locally in the council. “Too Much Coffin’” “Too much Coffin and machine politics" is the way the bill is being described. It will be fought by Frank Boms and Mrs. Ella Gardner, Indianapolis Representatives who backed Harry G. Leslie for Speaker against the wishes of the Coffin-Trotter-Jackson-Hufflngton machine. “Sent back to ttye committee for further consideration,” way the fate of Mrs. Gardner’s fifty-fifty bill, which would give women an equal right with men in the party organization. Representative William C. Babcock’s bill for a bonus for World War veterans is still slumbering in committee. Little hope is held out for its passage, as opponents point the war memorial was ordered built on the promise there would be no bonus. Highway commission maintenance of detours'on State roads is being favored. It is said to have the support of the highway body and was introduced by Curtis H. Bennett (Dem.) of Dillsboro. Support for Collin^ A lobby against passage of the bill abolishing the Criminal Court of Marion County has made Its appearance. Friends of Judge James A. Collins are asking that the bill be killed. Movie censorship is involved in the bill being prepared by Senator Earl W. Payne, of Bloomington. Under its terms it is probable that ministerial associations will act as censors. The bill would further provide for showing only religious pitcures on Sunday, * NORRIS TRIAL CLOSING Minister Who Killed Lumberman May Know Fate by Night. Bu United Press *' AUSTIN,’ Texas, Jan. 24.—The closing legal formalities in the picturesque murder trial of the Rev. J. Frank Norris, Baptist pastor, who killed D. E. Chipps, a wealthy lumberman, started in Circuit Court today. Shortly after court opened this morning Judge J. R. Hamilton began his charge to the jury. Attorneys will make their closing arguments to the Jury after Judge Hamilton has completed his charge and the jury will be given the case. It la probable a verdict will be reached before night. '

Outside ot Marion County 12 Cents Per Week Sinele CoDies

CHEERS FOR ‘DADDY’ IN COURT; ‘PEACHES’ CRIES

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Fran res Heenan ("Peaches”) Brow ning.

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Edward W. Browning

TROTTER SILENT ON BOARD POST Works Member Says He Is Having No Trouble. L. 11. Trotter, board of works member, today failed to affirm or deny the rumor that he will resign from the board. “The board work takes a lot of time I can hardly spare from my business,” Trotter said. "However, I will do nothing to leave the boai-d in a lurch. I like the present members and have had no trouble with them.” Mayor Duvall said he had heard rumors to the effect that Trotter was going to resign but he had heard nothing officially. “I am really the last one to hear of the resignation of any one," Duvall said. "Whether there is anything to it I do not know, but the rumor is very persistent. i,

CHILDREN DIE IN FIRE Three Perish When Flames Destroy Home—Mother Injured. Bn United Prrss WEIRTON, W. Va.. Jan. 24. Three children, from 2 to 9 years old, were burned to death today when the home of Joseph Cross was destroyed by fire, believed to have been caused by an overheated stove in the children's bedroom. Mrs. Cross was severely burned in a desperate attempt to rescue the children, who were sleeping In a room adjoining hers. The victims were: Marie, 9; Hazel, 6, and Joseph, 2.

HOURLY TEMPERATURES 6 a. m 23 10 a. m...... 24 7 a. m 23 11 a. m 22 8 a. m 22 12 (noon) .... 24 9 a. m 24 1 p. m 26

ORDERS JUDGE LINDSEY BE OUSTED FROM OFFICE

Colorado Supreme Court Rules Against Noted Juvenile Jurist in Election Contest Case.

Bu United Press DENVER. ,Col, Jan. 24.—Th* State Supreme Court today ordered Juvenile Judge Ben S. Lindsey, na-' tionally ‘known jurist, ousted from office pending a rehearing of a suit contesting his re-election in 1925. The order -came following the court’s decision reversing the ruling of a lower court upholding Lindsey’s election. The ouster order would take effect Immediately.

CENTS

THREE

Separation Suit Hearing Adjourned Until Tomorrow After Brief Session. Bn United Press CARMEL. N. Y., Jan. 24.—The Browning separation case opened in Carmel today, remained open for an hour and then adjourned to 10 a. m. tomorrow at White Plains, N. Y. It was in Carmel, a quiet little village of 800 people, long enough, however, for Browning to receive a round of applause as he entered the courtroom. For “Peaches” to cry. And for the judge to 'Comment when asked to make th© hearing secret, that he had not heretofore noticed any particular efforts to avoid publicity in the case. ‘ The nearing today involves the charge of desertion which Edward West Browning, wealthy real estate dealer, preferred against France* Peaches Heenan Browning, his wife. Tomorrow the charges of cruelty made by "Peaches” may be aired. John Carney, a chauffeur, and John Dorman, an employe in Browning's office, were called as witnesses at today’s hearing in an effort of Mrs. Browning’s attorneys to prove the claim of abandonment. Dorman told of listening in on a. conversation between Browning and his wife’s mother in which the mother was quoted as saying. “My daughter is not coming back to you, Mr. Browning.” After adjournment, Mrs. Browning was interviewed by a United Press correspondent and was cheerful despite a few moments of sobbing during the brief session. “No. I am not opposed to marriage,” she said, “despite my own experience. But I know One thing—l would never marry an old man again.” Questioned as to what she Intended to do after the trial, “Peaches” said: “I want to go away somewhere with my mother. I don't know just where, but I never want to see Edward West Browning again.” Despite this assertion, Mrs. Borwning was looking at the graj hair of her husbarfii even a3 she talked. “Then you have never considered a reconciliation?” asked the correspondent. “No. Never,” said the youthful wife. As for Browning, romance apparently has been displaced by the cares : of business. As he left tiie courthouse in his Rolls Royce the millionaire was grumpily severe. “I'm going back to my office,” he told the United Press, “where I have a lot of work to do. My desk is piled high with papers I have to examine and I am far behind because of the time I have devoted to this affair.”

SOLON CRITICALLY ILL Edward E. Eikenbary Suffering From Pneumonia Attack. Suffering from pneumonia. Representative Edward E. Eikenbary, Democrat, Wabash, Ind., was paid by attaches at Robert Long Hospital to be in a serious condition today. Illness has prevented’ Mrs. Eikenbary from being here. A daughter arrived Sunday night.

In handing down its decision on the contest suit appealed by the late Royal R. Graham, defeated candidate for the Juvenile pest, the court recommended that votes from Precict 6. J, bo stricken from the record. Graham, a former county judge, was found dead of asphyxiation a year ago. His contest action was filed la April, 1925,

Forecast Partly bloucly tonight and Tuesday, slightly colder tonight with lowest temperature about 15. *

MARION COUNTY

TWO CENTS

DRY LEAGUE AIDS’FRAUD IS ALLEGED Brief Filed in Supreme Court Says Lawyers Misrepresented. CHARGES ARE DENIED ‘Deliberate and False Statements’ Claimed. Charges that Ethan A. Miles and Jesso Martin, attorneys for the Indiana Anti-Saloon League, are “perpetrating fraud” in the Indiana Supreme Court in their “over-zealous passion” to prosecute liquor law violators were made today in a brief presented by Attorney Jacob Morgan in a liquor case. Morgan gave each of the Supreme Court judges a copy of the brief and papers in the case and asked them to Investigate the “misconduct” of of tiie League attorneys. Martin, informed of tho charges, denied them. “There is nothing to the fraud charge. A full record of the case is before the court,” he said. The brief was presented with a petition to reconsider the plea for the transfer of the liquor case against Isaac Levy and Morris I. Assael, now in Appellate Court, into Supreme Court. The men were found guilty of violating tho liquor law at 1025 S. Capitol Ave. in 1924 in a county Superior Court. The placo was padlocked for a year and Martin and Miles wero awarded SIOO attorney fees. Presents Petition The petition was held in the office of the clerk of the Supreme Court pending decision by the : judges whether or not they would j consider it. The court is not in ses- | sion until Tuesday. 1 Appeal to the Appellate Court was lost, and on Dec. 6 Morgan filed a i Petition to transfer the case to the | Supreme Court. On Dec. 15 Anti- ! Saloon League attorneys filed a petition asking dismissal of the transfer petition, asserting there was no assignment of errors filed, j This Morgan, in his brief, brands | as a “deliberate and false statement” : to mislead tne court. According to Morgan, the assignment of errors . set out ten propositions which were I in conflict with Supreme Court rulings. Morgan also asserts that the Supreme Court denied the transfer petition the s. me day, before notice was given that the dry attorneys had filed against it. “The fraud perpetrated by counsel for appellee (Martin and Miles) was perpetrated In the briefs filed by them In the Supreme Court: that court can surely deal out justice where justice is due and mete out such punishment as the conditions fully warrant,” the brief reads. Court Dignity Considered “The dignity of the Supreme Court should not be overlooked in this singular proceeding; the deliberate and false statements made to this honorable court by the over-zealous counsel for the appellee in their evident passion to prevent this high court from considering the facts and the truth concerning appellants' several petitions to transfer from the Apellate Court should not go unrewarded. s “Counsel for appellants, as members of the bar of this honorable court, can not and will not shirk their duty as officers of this court In remaining silent under the circumstances involved In the present motion, where the court itself has been deliberately imposed upon and a fraud perpetrated upon the court by counsel for the appellee (Miles and Martin) in this appeal.” Morgan, in the brief, characterized the dry attorneys’ actions as ’’contemptible conduct.” In closing, the court was asked to consider the “merits of the appeal untinged by fraud of counsel for appellee.”

SMITH'S SMILE BITTER Foes “Have Me Where They Want “Me,” Illinois Man Says. Bu United Press CHICAGO. Jah. 24.—A bitter smil* played about the lips of Senator-dM> lgnate Frank L. Smith today as he discussed his chances of gaining entrance to the Senate following his defeat at entrance last week. “Those opposed to me have me where they want me,” Smith said. “It is possible and probable that things will be juggled along until after March 4.” If Smith is kept out of this term, his opponents will have the advantage of trying him on his claim to a seat under the November election. This would give opportunity to bring out testimony regarding the Insull contributions to Smith’s campaign fund.

Three of Family Die During Day Bu United Press BYFIELD, Mass., Jan. 24. Three times death came to the home of Mr. and Mrs. Ralph Wayne here Sunday. Within twelve hours, Ralph anil Ethel, 2-year-old twins, and another daughter, Sailie, 6, died from whooping cough and ptomaine poisoning. The father and three other children are ill.