Indianapolis Times, Volume 38, Number 276, Indianapolis, Marion County, 23 February 1927 — Page 1

Home Edition Boots, Cora and Opal are off to the Orient. See their adventures in The Times.

VOLUME 37—NUMBER 276

MUNCIE JUDGE FACES CITIZENS’ IRE

IMPEACH -SSS

Higher than any other duty it has to perform, the House of Representatives, not\ in session, should look into the>fficial conduct of Judge Clarence W. Dearth of Muncie. If the Constitution of this State and of the United States is not to be discarded for a rule of terroi-ism from the bench, it is imperative that the members revietv the action taken in his court when he suppressed an issue of a weekly paper. Whatever other decisions and sentences 1o jail of George Dale, editor of that city, he may have issued and however repulsive they may have been to public conscience, the physical suppression of a newspaper becomes the act of a Mussolini who rules with force. Here is what happened, not in Italy but in Muncie, this week, according to reputable Avitnesses: Newsboys appeared upon the streets selling newspapers in which there Avas printed an anonymous letter, denouncing lax enforcement of laws in that city, charging that a murder was the direct result of failure to enforce laws. And the argument Avas made that the mayor of Muncie and the judge yi its courts were responsible for all the results that followed the failure of the law, because of their inactivity. The judge ordered the sheriff and the police to arrest the newsboys. The chase became a riot. One newsboy, it is asserted, Avas slapped by a policeman because he protested. The boys Avere brought before the judge. The newspapers Avere confiscated and held. And then the judge, arbitrarily ruling that these boys had committed some crime, unnamed, released them only when they promised to refrain from selling any copies of that paper.

SENATE FILIBUSTER.PAST 25-HOUR MARK; GOES ON

Senator Watson Slept Through Times Washington Bureau. 1J22 Nero York Avenue WASHINGTON, Feb. 23. Senator Watson of Indiana was one of the few Senators who got a good night’s sleep last night, despite the Bowlder Dam filibuster. After attendance until evening, he went home and went to bed. When Sergeant-at-Arms Barry telephoned him, he responded he was ill, and slept undistui'bed by the subsequent order of arrest issued by the Senate for absent members, returning to the Chamber about 8 a. m. today. Senator Robinson had just gotten started, on a good night’s sleep, when he was routed out of bed by Barry’s orders. He came into the Senate at 12:40 a. m. and remained until breakfast time this morning, when he went home to snatch a cat-nap.

HIT MODERN MARRIAGE Bn United Press DENVER, Col., Feb. 23.—Twentieth century marriages are not what they should be, but there are two ways,of going about correcting them, according to a debate last night between Judge Ben B. Lindsey of Denver and the Rev. Burris Jenkins of Kansas City. Lindsey favors the companionate marriage which he advocated several months ago. The Rev. Mr. Jenkins favors a revision of the present marriage code. The two debated last night at a meeting arranged by the Denver “Thinkers’ Association.” The debate was brought on through a controversy aroused around Judge Lindsey’s expousing the “companionate marriage” and the opposition led by the Rev. Mr. Jenkins. Assembly Today Both Houses convened at 10 a. in. Adjourned at noon and reconvened at 2 p. in. . HOUSE Divided report to be submitted by Roads Committee on WedekingMcClellan auto license bill, raising passenger auto license fee from a minimum $5 to $8 to S2O and trucks to maximum of S2OO. Bills on third reading. Boxing bill passed to engrossment. bill to abolish State attendance officer. SENATE Cloture became effective, speech limit five minutes. Bills on ihini reading: State education board reorganization; Eugenics law providing sterilization of unfit. Medical injunction bill on second reading. Killed city controller pay boost bill. Junior college bill passed.

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

Entered as Second-Clas* Matter at Postoffice. Indianapolis.

And then the boys, being Americans, did what always happens in such cases. They got other copies and ‘'bootlegged” them to the populace. It uoav develops that the writer of the anonymous letter Avas not Dale, Avho Avas fighting for his liberty in the highest court of the land, but a close friend of the judge himself. If this judge can arbitrarily use his office to suppress neAvspapers because he does not like Avhat they say about him, on his oavu declaration call published articles criminal without a trial, can physically seize these issues and suppress them, then freedom of the press has disappeared from Indiana and in its place has come judicial tyranny. If he has this power, all judges have the same poAver. They can suppress every newspaper. They can rule Avith the iron poAver of a Mussolini if they can get obedience from sheriffs and policemen and bailiffs they would have the poAver to appoint. Indiana has suffered from much bad advertisement. It has the chance to redeem itself and slioav that it is still a part of the United States and that the Constitution still stands as the protection of liberties for which for centuries men fought and died. The Legislature has the poAver to impeach and the duty to impeach any judge Avho uses' his office to perpetrate tyrannies and overthroAV the Constitution. And if Indiana permits the Legislature to adjourn Avithout demanding that such an invasion on liberty be ansAvered with all the powers of defense it has against tyranny, / then Indiana Avill deserve its reputation for being an empire of suppression from which freedom has fled and liberty has been banished. . *

Struggle Over Boulder Dam Bill Continues—Members “Dog Tired.!’ Bv Vnited Press WASHINGTON, Feb. 23.—“ Dog tired” from sleeplessness and nerve weary from twenty-five hours’ continuous session, Senator Hiram Johnson (Rep.), California, and his little group of fighters backing the Bowlder Canyon dam bill today conducted the legislative battle of a decade in the Senate, in continuous session against a filibustering force just as enthusiastically trying to prevent final adoption of the measure. Both sides moved into the twentyfifth hour with etjual physical strength and morale, Johnson’s men announcing their intention of keeping the Senate in session until a vote is reached and the filibusterers swearing they will kill the measure if their voices hold out. Despite the long vigil through the night the amusing but mostly unsuccessful effort to rout sleeping Senators from their homes in the early morning Hours, the failure to get a quorum from midnight until 9 a. m. and the irritation of both opposing forces, the fight was conducted in a good-natured spirit. The night had seen coin tricks in the Senate and a search for snappy reading matter. Daylight brought dignity again to the staid old chamber. A council of war by opponents of the bill shortly after noon decided an effort would be made shortly to displace the measure by the bill for reorganization of the prohibition department. That bill is - championed by Senator Smoot (Rep.), Utah, who is opposed to the Boulder canyon bill, and Sm&ot thought he could get a majority. Parliamentary difficulties also lay ahead of the Johnson forces in that the Senate several days ago entered a unanimous consent agreement to recess at 5:30 p. m. until 8 p. m. and then sit until 11 p. m. on minor calendar bills. It is not dgreed what effect this will have on the Boulder dam battle, but Johnson indicated he might attemp to keep the Senate in session again tonight to force a vote after 11 p. m. if he is permitted that course under the rules. MAN STABBED; CRITICAL John Newman, 28, Coatsville, Ind, alleged to have spread a story that Lee Bowen, Coatsville, was driving a truck with out a license, is in a critical condition at Methodist Hospital today suffering from numerous knife wounds, said to have been inflicted by Bowen at Stllesville Tuesday. Newman, weak from the loss of blood told physicians he knew of no reason for the attack. Bowen was arrested at Stilesville after the alleged attack.

Toothache Causes Suicide Attempt Bu United Press BROOKLYN, N. Y., Feb. 23. Suffering for twenty-four hour# from a toothache, Sumone Cenere, 41, today went into the bathroom of his home and shot himself in the head. Cenere was taken to a hospital in a serious condition.

BEER SUPPLY OF CITY DIMINISHED Raiding Squads Dump Quantity Into Sewers. Home brew was comparatively scarce in Indianapolis today. Police and deputy sheriffs raiding squads confiscated more than 500 quarts in liquor raids Tuesday night directed principally at beer sellers. The beer was dumped into sewers after samples had been taken for evidence. * Ten gallons were found at the home of Otis Weaver, 33, Mars Hill, in a raid by Deputy Sheriffs Mays, Reagan, Bell and Brown, the officers said. Nathan Doyle, 32, and his wife Helen, 26, of 517 W. Morris St., were arrested by Sergeant Pope and squad, who said they found 225 quarts of home brew and five gallons of wine at their home. Others arrested on blind tiger charges when police said they found various kinds of liquor were: Alice Lee, 26, Negro, 2129 Prospect St.; A. L. Gates, 44, of C 24 Union St.. Harlan Zimmer, 30, of Beecher and Temple Ave.; William Schmoll, 37, of 940 E. Washington St., and Joe Siler, 39, of 521 E. New York St. keriTdenies job offer Says He Never Talked With Ward of Ft. Wayne. Charles W. Kern, Indianapolis school board member, today denied a statement printed in The Times Monday that he and C. C. Shipp, the ventilator manufacturer, had offered the superintendency of Indianapolis schools to L. C. Ward, Ft. Wayne (Ind.,), school head, early last year. “I never talked with Ward. I wouldn't know the man if I saw him, and I never talked with Shipp about it, except to ask him over, the telephone what all this newspaper talk was about at the time the story that Ward had been approached was printed,” said Kern. “Furthermore I have not talked with any one about a successor to Superintendent E. U. Graff.’’

INDIANAPOLIS, WEDNESDAY, FEB. 23, 1927

Qearth Calls Special Session of His Grand Jury. TO PROBE CRITICISM Says He Has No Fear of Impeachment. Bu United Press MUNCIE, Ind., Feb. 23.—Judge Clarence AV. Dearth today called the Delaware County grand jury to meet this afternoon to take up alleged libelous statements appearing in the Muncie Post-Democrat, George R. Dales weekly newspaper. Dearth early this week cited Dale for contempt of court as a result of the published statements in his newspaper. Prosecutor Joseph Davis was not inforem that the grand jury would be called until late this morning. Dearth, it is understoon, will be a witness before that body and it is probably that Mayor John Hampton will also testify. Dearth and Hampton were charged with being responsible for lawlessness story published by Dales paper. “I’m not worried by impeachment threats,” Dearth said today, declaring that he had retained A'an L. Ogle, former prosecuting attorney, as his counsel. The judge pointed to Indiana statutes making it a felony for newspapers or persons to repat libelous statements made by any other person or newspaper. “I could be impeached only for corruption in office,” Judge Dearth said, “and my recor has been absolutely clean.”

CQUNCILMENIO CLOSE COLLEGE BRIDGEAT ONCE Committee Reports Span in Dangerous Condition — Boost Repair Fund. The city council special committee for investigating condition of College Ave. bridge at Fall Creek today recommended that the bridge be closed. The bridge was Inspected by the committee composed of Boynton J. Moore, chairman ;AA’alter R. Dorsett, Otis E. Bartholomew, M. W. Ferguson and O. Ray Albertson. The bridge, three span stone arch type, was built in 1905 by George AV. Fife, contractor. The east half of the bridge has been closed since September because of the sinking of the northeast pier. “The bridge is in a bad condition,” Moore said. "This committee recommends that it be closed. It is better t oclose it now than cause the loss of a lot of lives If the bridge should fall.” City Engineer Chester C. Oberleas said he believed the bridge should be kept open. “AVait until the east half falls,” lie said. “Then there will be time to close it.” Harvey Cassidy, flood prevention engineer, declared the bridge should be closed at once. “AVhen the east half of the bridge falls the entire bridge may collopse,’’ he declared. “The only safe way is to close it now.” The councilman declared that if Oberleas did not close the brlgde they would recommend that the council pass a special ordinance to that effect. Increase of the proposed $70,000 bond issue to SIOO,OOO was recommended. CHAPLIN WILL FIGHT Rumor of Divorce Case Compromise Vigorously Denied. Bu United Press NEW YORK, Feb. 23.—A report that counsel for Charles Chaplin and Mrs. Lita Grey Chaplin had reached an agreement to settle their divorce suit out of court was denied today by Nathan Burkan, counsel for the comedian. “More than that,” Burkan added, “we would not consider settling the case out of cdsrt even if Mrs. Chaplin’s attorneys asked that that be done. We stand by our previous statement—that Mrs. Chaplin in her divorce bill placed a stain on the two Innocent children, and we shall not be content until that stain has been erased. That will have to be done In open court.” TEN TONS OF GUESTS Fat Men’s Club Meets—32o-Pounder Dances Charleston. Bu United Press BOSTON, Feb. 23.—Nearly teutons of the total membership was represented at the annual dinner of the United States Fat Men’s Club here. Carl F. Shaw, 285 pounds, presided. Melvin Lawrence, 300 pounds played the piano while Jake Gerslnovitch, 320 pounds, danced the Charleston. The sixty-five guests represented an aggregate weight of something more than 18,000 pounds. The program was divided as follows: Two minutes of dancing. Three minutes of singing. Two hours, 45 minutes, of eating.

IN FREE-PRESS BATTLE

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Circuit Judge Clarence AV. Dearth (right), who seized papers of thirtyeight Muncie newsboys, who were selling the last Saturday issue of the Muncie Post-Democrat, edited by Mi's. George Dale (left).

SPRING STYLES GIVE MEN THE UPPER HAND

Colorful Apparel of Males Will Mean More and Earlier Marriages, Declares New York Dictator.

Long “crushed under the heels” of women and tailors, Indianapolis men are coming into their colorful own this spring. They'll be so gay with their flaming ties, their lively colorful silk hose, with bright garters peeping shyly forth (some of the garters are shirred and a few have flowers — fact) that the flappers are likely to take to dull and sorrowful cover, realizing their inability to add anything further to the “landscaping.” Hats Exciting But the men's hats will take the colorful cake this spring! Is there a man with soul so dead that his Diaz Urges U. S. to Rule Nicaragua Bu United Press MANAGUA, Nicaragua. Feb. 23. United States control of Nicaragua's finances, and armed forces for 100 years was proposed by President Diaz, conservative, in a treaty plan which has been forwarded to AA'ashington. The United States would guarantee Nicaraguan independence and sovereignty and in exchange would receive full rights to protect its interests and rehabilitate the country, under Diaz’s plan. The United States would appoint a financial adviser who would have veto power over national expenditures, and in exchange would arrange a $20,000,000 iqan. Nicaragua would agree to abolish its army and maintain instead a trained, armed constabulary and a national guard commanded for ten years by American Army and Marine officers. - Sailor, 21, Takes Wealthy Bride, 46 Bu United Press PHILADELPHIA. Feb. 23.—After a whirlwind courtship, Aerne E. Moon, 21-year-old bluejacket on the battleship Wyoming here, today was dividing his time between a paint brush and chipping hammer on Uncle Sam’s man o ’war and his 46-year-old bride, tL? former Mrs. Mary Kavanaugh of Maplewood, N. J., wealthy widow of a real estate operator. They were married last Saturday at Maplewood, and after a short honeymoon returned here in the smart sports roadster which the bride presented her husband for a wedding gift. In addition to his wife, Verne also has assumed the responsibilities of a stepson, 22 months old, Morgan Kavanaugh, who was left in care of friends in Maplewood until the Moons could "get settled” here. The bride is said to have a fortune of $400,000. MANIAC-SLAYER CAUGHT Nebraska Farmer and Two Deputy Sheriffs Make Capture Bu United Press OMAHA, Neb., Feb. 23.—After a search lasting twenty-four hours, John Marsh, huge manical slayer, wes captured shortly before r.oon today on a farm near Yutan, Neb., John Anderson, a farmer, and two deputy sheriffs from Omaha brought about the capture of Marsh, who yesterday suddenly became crazed and with a shotgun killed two men and dangerously wounder three others. Posses had searched over three counties for Marsh. He was expected to resist arrest, but Anderson took no chances, hitting him over the head with a gun "when Marsh refused to hold up his hands. The slayer had been without food for twenty-four hours and had Walked more than twenty-five miles from the scene of his killings. HOURLY TEAIPERATL'RES 6 a. m 43 10 a. m 48 7 a. m 43 11 a. m 50 8 a. m 4* 12 (noon) .... 54 9 a. m 46 1 p. rn 56

Outside of Marion County 12 Cents Per Week. Single Conies

heart won't beat an excited tremelo when he steps into a hat store and tries on nobby fedoras of sunset red, pheasant burnt orange, blueberry, apricot or apple green shades? The hats which modestly travel under such names as “zinc smoke,” “Swiss toast” and "swamp green” have bright colored ribbon to bring up their color averages, and very many of the hats have gay colored feathers 'on the sides. AA'omen Can’t Resist. “(Che tendency for men to wear lighter and brighter clothes has been noted for some time, as you know,” remarked a AA'ashington St. salesman. "But the extremely bright colored hats are an absolutely new note. All this gayety doubtless' will lead to some good. Listen to Alexander Zeitlin. men’s style prophet and New A'ork dictator, who argitates the popular dress standards every once in a while. k “Color Is life,” he says. “It means joy and courage. Reformed color for men means earlier marriages and more of them. AA’omen can not resist color.” So you see, Indianapolis what odds you're up against this spring. TRUANT OFFICER MEASUREKILLED Ex-Servicfc Men of House Aroused Over Circular. Two warm fights gave zest to the morning session of the Indiana House House of Representatives today when the boxing bill and abolition of the State attendance officer were discussed on second reading. The boxing bill went to engrossment wliil the attendance officer measure was killed. Representative Oscar Ahlgren, Lake County, resented statements made in a circular and placed on all desks in the cl limber which alleged that the American Legion was interested only in class legislation for its own good. The circular, signed by Dr. D. B. Johnson, to rthe Indiana Civic Union, as a registered lobbist provoked the warth of many exservice men of the House. All of them pilloried Johnson. Representative Samuel K. Ruick made the statement! that Johnson alone was the civic union. Several Democratic members led by Representative Edward B. Bender, Zionsville, made a vain effort to abolish the position of State attendance officer because it entailed “a needless expense of $7,000 a year.'' STEPHENSON IS NAMED IN SUIT Damage suit seeking $75,000 from D. C. Stephenson, former head of the Indiana Klan, was filed in Marion Superior Court Four today by the Mercantile Commercy'al Bank at Evansville, receiver for the A r ulcan Coal Company, with which Stephenson and L. G. Julian were connected. It is charged Stephenson borrowed $17,500 cash and failed to pay for stock aggregating $50,208. Stephenson Is serving a life sentence for the murder of Madge Oberholtzer, Indianapolis woman. Madison AA’alsh, attorney, who filed the suit, said the appifc-ance of Stephenson in court, would be up to the defendant. The bank was appointed receiver for the coal firm in A'anderburg County Probate Court, Sept. 30, 1925.

THREE CENTS

Seizure of Thirty-Eight Newsboys on Order of Jurist Dearth Arouses Feeling. * AUTHOR OF ARTICLE COMES OUT Manufacturer, Once Personal Friend, Says He Criticised Court.

THE MUNCIE SITUATION

For months the Muncie Post-Democrat has been attacking Circuit Judge Clarence W. Dearth because of reported lawless conditions. Pearth several times has cited George Dale, the PoitDemocrat editor, for contempt of court, sentencing him to the Indiana Penal Farm. Last Saturday, while Dale was in Washington, an issue of the Post-Democrat containing anew broadside against the judge, written by a Muncie manufacturer appeared. Dearth directed police to round up thirty-eight newsboys selling the paper and bring them to the Courthouse. There the papers were taken away from the boys, without any legal process whateverand the boys were told they would be brought into Juvenile Court if they sold more. A 14-year-old boy, who resisted, was slapped by a policeman. Muncie citizens, aroused -at such procedure, today are circulating petitions for the impeachment of Dearth, to be presented to the State Legislature. Judge Dearth has issued a warrant for the arrest of George Dale upon an affidavit charging contempt, signed by Dearth’s bailiff, John Gilbert, following appearance of the paper last Saturday. Dearth, asked about this proceeding, said he did not have time to be interviewed. Dearth called a special session of the grand jury today. By Times Staff Correspondent. MUNCIE, Ind., Feb. 23.—C1e1l C. Maple, manufacturer, prominent citizen, former recorder of Rush county and personal friend of Circuit Judge Clarence W. Dearth, today announced that he tvas the author of the anonymous letter printed in the Muncie Post-Democrat which was suppressed last week by Judge Dearth. Maple assumed full responsibility and declared that George Dale, the editor in whose paper it Avas published, should not suffer.

Ho made clear his motives in writing the letter anil declared that he was interested in changing conditions in this city and bringing in an era of law. Coincident with this statement by Maple, civic leaders announced that petitions to the Legislature asking for the impeachment of Judge Dearth for his action in rounding up thirty-eight newsboys and confiscating their papers, threatening them with Juvenile Cqurt proceedings, would be put into circulation. Aroused at Last Muncie is aroused at last. It has watched with Indifference or suppressed protest the many sentences handed to Dale for contempt of court. The criticism of the court action has been whispered. Today it is in the open. Attorneys who in the past have talked behind closed doors arc today raising their voices. Pastors who have discussed conditions In secret are talking. The citizens who have been afraid to back Dale in his fights are now more bold when Maple, a mild mannered man of 60, who speaks without venom, offers to take the place of Dale as the author of criticisms against a judge and whose position is fortified by his assertion that he has been the friend of Dearth, an admirer of his ability as an orator, a follower of his impassioned pleas for decency. “Judge Dearth was a member of the Ku-Klux Klan when I was,” declared Maple. “I admired him greatly because of file high-minded talks ho made to our organization. “Lust summer I called Judge Dearth and asked him what was being done about conditions in Muncie, and told him I wanted to see him. He told me that he was busy, that he had to make a speech at 4:30, but for me to come down to his house for a few minutes. Hired Detectives “I sat on his porch and talked with him until a quarter until 5, and ho told me of his personal expedition into Muncle’s red light district and how he had paid for the services of two detectives from Indianapolis out of his own pocket. “Dearth told me that he was tired of conditions, and, raising his voice, said: ‘Do you think I am going to stand for a situation like that? If John Hampton (tiie mayor) does not clean up this town, I’ll try him and impeach him under the law passed in 1925.* “The judge told me that he had fourteen charges against Harry MeAuley (the sheriff), any one of which would impeach him. AA‘rites Another Letter “I personally, have seen gambling in cigar stores in Muncie, and as the father of two growing boys, want to see it stopped. I do not (Turn to Page 2)

Forecast Generally fair tonight and Thursday; not much change in temperature;

TWO CENTS

MARION COUNTY

MOVE TO BLOCK INTERESTGRAB” Specifies Barrett Money Be County Trust Fund. Interest amounting to between $60,000 and SBO,OOO. which Marion, County treasurers have been pocketing each year because there haa been no specified method of disposing of interest on Barrett law bonds, will stay in the hands of the county if an acendment to the Babcock bill, introduced in the Indiana House of Representatives today. Is enacted. The amendment, according to Representative Lloyd D. Clyaycombs (Rep.), Indianapolis, who introduced it, was written by Alvah Rucker, former city corporation counsel. It strikes out all sections of tho pending Babcock bill following the enacting clause and inserts tho provision that Barrett law funds be regarded as trust funds in the hands of county treasurers. Interest earned shall belong to the funds. The amendment was ordered printed and will be a special order of business in the House Thursday at 11 a. m. TRAIN DEMOLISHES AUTO Driver lias Narrow Escape From Death or Serious Injury. AVilliam AVaterman, R. R. P., Box 67, had a narrow escape from death or serious injury Tuesday night when the automobile he was driving was struck by a Big Four engine at Twenty-First St. and Sherman Drive. According to police the engine was being backed across the TwentyFirst St. crossing, by AV. F. Mincer, 2866 N. Gale St., engineer, and struck the machine which was going east. Though tho automobile was demolished AA’aterman was only slightly injured. MORE MARINES SAIL One Thousand on Transport Bound for Nicaragua. Bu United Press AVASHINGTON, Feb. 23.—With 1,000 Marines of the sth Regiment aboard, the transport Henderson sailed today from Qunntlco, A’a.. for Nicaragua. The ship also carries 800 apprentice seamen from Newport, R. TANARUS„ to join tho scouting fleet in Guantanamo Bay, Cuba. Brig. Gen. Logan Feland, who will command all Marines in Nicaragua, and Col. R. A'. Rhea, commanding the sth Regiment, accompany the Marines.