Indianapolis Times, Volume 38, Number 278, Indianapolis, Marion County, 25 February 1927 — Page 1

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

VOLUME 37—NUMBER 278

DEARTH IMPEACHMENT PLEA FILED

FARM RELIEF BILL VETOED BY COOLIDGE President Kills M’NaryHaugen Measure Despite Political Threats. WEST AND EAST ISSUE Tillers of Soil Lose to Money Interests. Bv United Press WASHINGTON, Feb. 25.—President Coolidge today vetoed the Mc-Nary-Haugen farm relief bill. The President, defying threats of farm leaders of dire political reprisals, refused to affix his signature to the agriculture aid measure, which he and members of his Cabinet have consistently opposed. * Passage of the bill by Congress placed Mr. Coolidge in the difficult position df having to offend one of two powerful groups—the farmers of the West or the financial interests of the East, the latter practically united in opposition to the measure. Held Invalid The President, in a lengthy veto message, held that the act was unconstitutional and attached an opinion of the Attorney General to this effect. "Many reasons exist why the Mc-Nary-Haugen bill ought not to be approved, but it is impossible to state them without writing a book," said the message. “The most decisive one is that it is hot constitutional. "Surely a real farm relief measure must be just and impartial and open the way for all farmers. Surely it .must not contemplate, as this measure inescapably does, that farnters in some regions should be penalized for the benefit of those in other re v gions. “It has faeen represented that this bill has been unanimously approved by our farmers. Several of our largest farmorganizations have refused to support it and important minorities in tbr organizations recorded as indorsing it have protested to me against it.” The President, in his closing paragraph, suggested the passage of other farm legislation now before Congress, and again reviewed his recommendation that some conservative measure be passed. Ends Fight Veto .of the McNary-Haugen bill definitely kills that measure and no effort will be made to pass it over his veto. Farm bloc leaders of Congress privately admitted defeat as soon as the President’s message came to the Senate. Political reaction to the veto was strong; farm bloc members contended Coolidge has forfeited his chance for the presidency or “surrendered to the industrial East so lie can run again;” opponents of the measure said he took the only course open to him.

VETO COMMENT

< Bu United Press DES MOINES, lowa, Feb. 25. —The statement that President Coolidge bad vetoed the McNary-Haugen farm relief bill was read in the lowa House of Representatives today and caused considerable adverse comment. "Good-by, Coolidge,” Representative Henry A. Berry of Monroe County ah oil ted. The lowa House recently adopted a resolution asking the President to sign the measure. By United Press COLUMBUS, Ohio, Feb. 25. "This veto is the hardest blow ever delivered American agriculture,” Charles V. Truax, Ohio director of agriculture and one of tho strongest proponents of the McNary-Haugen bill, said today when advised of President Cooldige’s veto action. Bu United Press QUINCY, 111., Feb. 25.—Sam H. Shompson, president of the American Farm Bureau Federation, today likened action of President Coolidge in vetoftig the McNary-Haugen bill to that of President Buchanan in vetoing the agricultural college bill and the homestead bills. "The next year these measures were again passed by Congress and Abraham Lincoln signed them both," Thompson said. “I have no crticism of the motives of President Coolidge in vetoing this measure, as not all men can be expected to have the ■vision of Abraham Lincoln," he said. HONOR SOLDIER BUDAPEST.—Erection of several statues in memory of the unknown soldier is being considered by the art commission of Budapest. The statues will be placed in historic spots.

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Entered as Second-Class Matter at Postoffice. IndianaDOlis.

OUTPOST OF SHANGHAI HAS FALLEN, REPORT

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The region where China’s war lords are at close grips is shown here. Driving northward through Chekiang province to attack Shanghai and gain control of all territory south of the Yangtse River, Cantonese or South China forces have takenJHangchow and Ningpo, and also Sun Kiang, according to reports today.

By United Press SHANGHAI. Feb. 25.—Capture of Sun Kiang, thirty miles south of Shanghai, by the Cantonese Nationalists was reported here this afternoon. Efforts to verify the report had been, unsuccessful so far. Sun Kiang is the last of the north-

THIRD EFFORT TO DELAY BARRETT MEASURE LOST Babcock-Born Bill Goes to Engrossment—Prevents Pocketing $60,000. The third attempt to postpone action on the Babcock-Born bill, which seeks to prevent Marion County treasurers from pocketing between SO,OOO and SBO,OOO in interest annually from Barrett law bonds, failed in the House of Representatives today. The bill was on second reading as a special order of business. It w r as sent to engrossment. It then will be up for third reading. Asked Delay Representative Lloyd D. Claycombe. Indianapolis, moved to postpone consideration of the bill until Monday. "That will be the equivalent of indefinite postponement,” declared Speaker Harry G. Leslie. "These are the same tactics that were used against this bill two years ago,” declared Representative Edward B. Bender (Dem.), Boone. "There are notactics here!” declared Leslie, “this bill is going to engrossment today if I have to send it there myself.” Claycombe stated in explanation of his desire to postpone action on the bill thta he had been informed by certain Marion County Senators that a similar bill regulating Barrett law interest was further advanced in the Senate. Seek Chamber Action "The legislative committee of the Chamber of Commerce, composed of Indianapolis lawyers, is holding a meeting over the week-end to consider the Senate bill and I would like action on this House bill postponed until after they have rcachde a decision.” Representative J. YV. Ebaugh, Indianapolis, attempted to amend the pending bill to strike out legislation in conflict now on the books. The amendment was voted down, ollowIng several lively skirmishes between representatives attempting to introduce conflicting amendments the bill was ordered engrossed. The bill now embodies an amendment by Claycombe providing that wterest on Barrett law bonds are to be considered as trust funds in the hands of county treasurers to be held intact for the county. This is practically equivalent to the original bill. MORE BEER CONSUMED Bn United Press NEW YORK, Feb. 25.—Consumption of strong beer is increasing in Denmark, according to the Horten, Norway, correspondent of Industrial and Engineering Chemistry,” official journal of the American Chemical Society. He said: "Last year the production of strong beer, that is, beer with 2.25 or more per cent by weight of alcohol —amounted to 40,158,400 gallons. The home consumption of strong beer came to 36,988,000 gallons against 34,346,000 gallons in 1924 and 1923 and an average annual consumption of 14,306,400 gallons In the years 1911-15.”

ern strongholds lying between the Cantonese and this city. The Japanese consul general here, who usually has reliable information, announced the capture of Sun Kiang. Police 4nd "civil authorities here were without information.

SEEKER OF THRILLS, 15, HAS ENOUGH Daughter of New York Judge Shields Bootlegger Who Gave Her $3. Bv United Press COHOES. N. Y., Feb. 25.—Kasia Mahoney left the home of her father. Supreme Court Justice Mahoney of New York, to seek “thrill and adven-. ture,” she said today when her identity was discovered in police headquarters here. But such excitement as the 15-year-old gin experienced since her escapade began on Monday morning failed to compensate the discomforts, she admitted. Kasia sought shelter in the police station last night. “Why did you run away from home?” asked a policeman. "Because I wanted thrill and adventure. I would have had a good time too. but I ran out of money,” she replied. Miss Mahoney said she had only $2 when she left home, but that a "bootlegger” had loaned her $3 more. "Who wa3 the bootlegger?” she was asked. ‘ I won’t tell. I don’t want to get him Into trouble."

LEW BEGINS ‘STUDY’ OF ELEPHANTS Ex-Mayor to Confine Hunt to Indiana Territory—To Combat Club. Lew Shank, as aiy Elephant Hunter, has changed his "happy hunting grounds.” Instead of going to Africa to become intimately acquainted with elephants, the former mayor has decided to go to French Lick, where a circus is wintering, and make a detailed investigation of "elephantine maneuvers.” “Well, guess I won't run down to Africa, after all,” Lew said. "Got a hunch I can learn plenty about elephants down at French Lick. I like the environment down there, anyway, because it’s still In old Indiana.” Shank is making preparation to combat the National Committee of the Order of Elephants, recently organized by supporters of George V. Coffin, county Republican boss. But there is a serious side to the question— Rumors are floating from the city hall that employes have been asked to join the Elephant Club or "get out.” / , A meeting of the Eelphants is to be held this evening when members and city employes are to s the "animals” do thier stuff. Several employes, It is said, have asked promien tcity hall elephants whether they were supposed to join the new club. "You bet you are, or you’ll lose your jobs,” was the reported reply. HOURLY TEMPERATURES^ 6 a. m 44 10 a. m...... 33 7 a. m 43 11 a. m 33 8 a. 36 12 (noon) .... 35 9 a. 33

INDIANAPOLIS, FRIDAY, FEB. 25, 1927

NICARAGUA. 11. S. TREAT! PLAN W Diaz Envoy Announces Details of Alliance Proposal in Washington. DISPLEASED AT BRITAIN America Frowns on Dispatch of Cruiser. Bv United Press _ WASHINGTON, Feb. 25—The Diaz Nicaraguan government's proposal for an American protectorate was brought into the open today for the first time when the Nicaraguan legation here announced details of the proposed “treaty of alliance” between the two countries. Under the Diaz proposal, Nicaragua would be guaranteed, according to President Diaz, “the uninterrupted maintenance of a government adequate for the protection of life, property and individual liberty.” The United States, on the other hand, would be assured of its lights to a Nicaraguan canal and naval base, arranged under the BryanChamorro treaty, and would have the right from Nicaragua "to intervene in Nicaragua whenever it might be necessary in order to make effective the guarantees effected above.” United States Government is displeased over Great Britain’s suddeD dispatch of a warship to Nicaragua. In the interest of Anglo-American relations, the State Department will not express this displeasure formally unless British troops are landed. Britain’s action is interpreted in some quarters here as connected with the negotiations between tho Diaz government and <hs United States for an American protectorate over Nicaragua. Great Britain. With 1,500 citizens there and larger property hol&ings than the United States, is described as reluctant to accept the protectorate plan. MORE FIGHTING LOOMS Opposing Nicaraguan Factions DrawBattle Lines. Bv United Press MANAGUA, Nicaragua, Feb. 25. Further fighting between conservative government troops and insurgent liberals was feared here today. Activity of liberal troops near Matagalpa was renewed today, leading to reports that the Sacasa army was preparing to attack that important city, twenty miles from Managua. American and other foreigners in the city appealed to United States Minister Eberhardt and President Diaz.

MOORHEAD BILL NEARIHND-UP On Senate Schedule for Final Disposal Today. Final disposal ,of the Moorhead utility bill is on the Senate program today. It was expected tiiat the bill would be called on third reading Thursday, but failure to reach Senator Robert L. Moorhead’s name on the roll call held up consideration. Originally the bill called for drastic changes in the Spencer-Shively utility law, such as elective commissioners, but now consists merely of a few amendments bringing companies within commission control, directing valuer in rate making and taking municipal plants out of cornamendment was introduced by Senator Curtis Shake (Dem.), Vincennes. A bill introduced by Senator Russell B. Harrison (Rep.), Indianapolis, calling for two-third Senate approval of commissioners, passed from sacond to third reading without comment Thursday. TRAGEDY CLAIMS THREE Bu United Press CHICAGO, Feb. 25.—Believed to have become frightened after learning he had accidentally killed a woman and her infant son with poison gas, John Hi eh, hotel proprietor, committed suicide early today. The woman and the child, Mrs. Nettie Renau and 18-months-old Francis Renau, were fouiyi dead in their apartment at the hotel and police said they had been killed by the fumes from a cyanide of potassium disinfectant. BIRD IDENTIFIES OWNER SCRANTON, Pa., Feb. 25.—Mrs. Mayme Smith had a parrot of which she was very fond. The bird was stolen and she made the rounds of the pet stores in search af it. As she entered one establishment a parrot cried, "Hello Mama!” Police traced the thief and made an arreat.

PRESENTED PETITIONS ASKING JUDGE’S OUSTER

—F ; tlllliltll '3 y -p If .* *• - 1 m 0' ■ ■ i' w - *

Representative John W. Scott (Rep.), Gary, who introduced Into the Indiana House of Representatives today the petition signed by Muncie residents asking that Judge Clarence \V. Dearth be impeached on the charge he has violated that section of the Constitution guaranteeing freedom of the press and attempted to restrain the "free interchange % of thought and opinion.”

BOY BANDIT ATTACKS MANAGER, TAKES $260 Youth Fells Man With Blow From Fist and Makes Off With Tank Wagon Receipts.

A youthful unarmed bandit walked into the National Refining Company warehouse office, Oliver Ave. And Hardfhg St., at Yr*s a. m. today, dazed James Fitch, 55, of 5959 Bsechvood Ave., with a blow with his fist, scooped up $260 cash Fitch was counting and escaped. Lieut. Leonard Forsythe searched the vicinity, but was unable to find any trace of the bandit. Counting Cash Fitch said the money was Thursday's collections of tank wagon drivel's anfl he was counting it preparatory to faking it to the bank. Fitch, warehouse manager, was sitting in a chair at his desk counting the money when the bandit, about 18 years old, five feet nine inches tall, and weighing about 145 FI 10 PICKNEW MEMBEROF JURY Judge Unable to Get One to Succeed Collett. Selection of a Marion County grand juror to succeed John D. Collett, 25 E. Thirty-Third St., who Wednesday resigned as Jury foreman, "because of business reasons,” failed this morning In Criminal Court. Four of the five persrns called appeared and all were excused. The fifth could not be found. Ten more names were drawn by the jury commissioners. The prospective jurors are ordered to appear Monday before Judge James A. Collins. The names drawn were: Frank Gardner, 2702 N. Meridian St.; C. G. Curry, Beech Grove; John Nelman, New Augusta, Ind.; J. F. Chamberlain, Route P; Charles Bender, Route G; Horace Perry, Route O; George Deugan, 6123 Broadway; William Witte, Jr., Route J-2, Box 315; Louis Mangold, Nora, Ind., and William Thaton, Route J-l. Collett withdrew from the jury because of dissension in the grand jury rooms, he admitted. He refused to divulge whether the dissension arose over continuation of the probe of political corruption in Indiana. 40 KILLED IN WRECK Mexican Train Derailed .Viter Axle on Tender Breaks. Bu United Pres\ MEXICO CITY, Feb. 25.—The toll in the wreck of a Tampico-Monterey passenger train near Manuel Chocoy, forty-five miles from Tampico, was reported today at forty dead and between seventy and 100 Injured. A broken axle on the tender of the train caused the engine, express cars and two coaches to overturn. One Pullman was derailed and damaged. Bodies of three adults and one child have been taken from the splintered wreckage of wooden cars, and thirty-six other bodies, pinned in the debris, have been counted, it was reported here. SEEKS U. S. LOAN j SYDNEY, Australia. Feb. 25. New South Wales plans to borrow $25,000,000 by floating a bond issue in New York, according to Premier 1 Tjn|.

Outside of Marion Countv 13 Cents Per Week. Single Cornea

pounds, entered and stood by the door. As he raised his glasses from his eyes to ask what was wan'.ed. Fitch said, the youth struck him o.i the side, of the Jaw with his fist. Hurled to Floor Fitch chair upset and ha was hurled face downward to the floor. When he regained his feet the bandit was gone. He believes the youth entered to seek work. Other employes at the warehouse were unaware of the hold-up until police arrived. A lone hold-up man robbed F. H. Mullholland, 2211 N. Meridian St., Thursday night as Mullholland said he drove past Maryland St. and Capitol Ave. The bandit leaped on the running board, thrust a gun Into Mullholland's side and ordered, "Keep on driving south.” Takes Auto At South St. the bandit ordered him to stop, searched him and took $9.60 and then drove away In Mullholland's machine. The auto, a Chevrolet coupe, valued at SSOO, has not been found deserted. It carried License 534-127.

Assembly Today

Both houses convened at 10 a. m. adjourned at noon and reconvened at 2 p. m. SENATE Moorhead utilities bill for passage. Bill taking bonds from tax board jurisdiction called back from House and on third reading. Reconsidered Shank-O’Rourke bill leaving Governor out of convention nominees. Reconsidered “oleo’ bill. HOUSE ' Received petition for impeachment of Judge Dearth of Muncie. Earrett law bill amendments passed to engrossment. Accepted committee report favoring passage of bill curtailing promotion expense in building and loan companies. MARJORIE ILL Bit United Press PHILADELPHIA, Feb. 25.—Marjorie Rambeau, stage star, was resting easily at her hotel here today, fpllowlng her collapse on the stage of a local theater last night from an acute attack of sciatica.

Weekly Income Boosted

Mrs. C. Carnner, 29 N. Tacoma Ave., ran a 2-lino room for rent ad Ip The Times only two days and secured a tenant for a spare room. Three people replied to the ad. If you have a spare room you can easily boost your weekly income by renting It to some desirable roomeiv In The Times not only will your want ad reach newcomers and roomers, but also cost you less. Want ads cost less In The Times. Call Main 3500 You Can Charge It

THItEE CENTS

Representative Scott, Republican, Introduces Petitions of Muncie Citizens in Free Press Fight. TO JUDICIARY “A” COMMITTEE Chairman Harris Promises Early and Careful Consideration. The House of Representatives today received petitions signed by MOO Muncie citizens asking for the impeachment of Circuit Judge Clarence AY. Dearth of Muncie. The petitions were presented by Representative John AA T . Scott, Republican member from Lake County. t They were read in the midst of profound silence and at once referred by Speaker Leslie to Judiciary A Committee.

The presentation of the petitions by Representative Scott was one of the dramatic moments of 4hc session, the members realizing that history was being made, as for the first time in the history of the State, a Judge was charged with using his powers of office to suppress free speech and a free press. In presenting the petitions Representative Scott filed a motion asking the House receive the petitions and give them most careful consideration. The motion, with the petitions went to the committee. Without Comment Scott made no comment as he introduced the petitions from the ’-esidents of Delaware county. For the first time in years has impeachment of a judge been demanded, and never before in the history of Indiana has the cause of free speech been raised in so decisive a manner. As the reading clerk read the petitions, F. W. McClelland, a former police judge of Muncie, carefully scanned the names of the signers. The committee to which the petition was referred for action is headed by Representative J. Glenn Harris tßep.) of Gary. Other members arc Rutck of Indianapolis. Carlson of Huntington, Borns of Indianapolis, Tarrison of Indianapolis, La Foliette of Evansville, Ridenour of Auburn, Huffman of Elkhart, Pittenger of Muncie, as Republicans, and Byers of Vincennes, Guinn of Shoals, Elkenbary 'of Wabasn and Smith of La Porte,' Democrats. Will Study I .a* Chairman Harris said that he would call a meeting of this committee wry soon ?nd canvass the situation. He intimated that he desired to study the law on the question’ and might summon witnesses from Muncie. Two causes are set out for the impeachment. The first declares “That Clarence W. Dearth, as sole judge of said court, has ‘restrained the free interchange of thought and opinion and has restrained the right to speak, write or print freely on any subject whatever,’ contrary to the Constitution of the United States of America and of the State of Indiana.” Jury Irregularity Cited For a second charge, it is petitioned "That Clarence W. Dearth as sole judge of said court has appointed a jury commissioner who was not, at the time of his appointment, qualified to serve as such under the terms and provisions of the acts of the Legislature of the State of Indiana as set forth in Section 1664 of Burns Revised Statutes (1914), which said appointment and other overt acts have resulted in a miscarriage of Justice in said county.” The first charge of suppression of the press is based upon the action of Judge Dearth last Saturday when he ordered thirty-eight herded into his court and confiscated their newspapers without a hearing and without a trial.

Comments Preserved His comments at that time, as reported by the president of the Delaware County Bdr Association, will be introduced to show that the Judge declared that the papers contained slanders against himself. The charge Is made that the action of the judge was a violation of the Constitution and that he had no right to seize newsboys and confiscate their papers because he felt himself Injured and that his proper remedy was a suit for slander if he felt himself libeled. The petitions already In the city comprise only a portion of those which were circulated by members of the Municipal League of Muncie. Other Names Coming They contain several hundred names. It is asserted by the leaders of the League that other petitions •now in circulation will be presented to the Legislature from day to day and they .tVUI be supplemented by other signatures. Under the statutes provided for the impeachment of judges, all such proceedings must originate in the House. Jf the House votes to present charges of impeachment it names a board of managers who prosecute the charges before the Senate, sitting as a court, following the Federal procedure in similar proceedings. The Indiana statute provides that if the trial is not ended before the*adjournment of the Legislature by limitation, the Senate shall continue in session to finish the trial. If the Federal procedure in similar cases is followed, a recommendation for impeachment passed by a majority vote would be followed by the election of a board of managers,

Forecast Cloudy and * colder tonight ; followed by fair Saturday; lowest temperature tonight about 25.

TWO CENTS

MARION COUNTY

from the House. These managers would have the duty of preparing the formal impeachment charges to be presented to the Senate. MUNCIE BACKS FIGHT Citizens Prepare to Furnish Bond for Dale Times Plat' Correspondent MUNCIE, Ind., Feb. 25.—Aroused to the full significance of the act of Circuit Judge Clarence W. Dearth In seizing newsboys and confiscating their newspapers and interpreting it as a suppression of free speech and freedom of the press, citizens of Muncie have arranged bonds in unlimited amounts for George Dale, the editor, who faces anew contempt charge on his return. Dale is in Ohio conferring with his attorneys today. He has been in Washington, going there before his paper, tho Muncie Post-Demo-crat. printed the letter written by Clell Maple, manufacturer, which was the occasion for the seizure of I the boys and the papers. | The change in sentiment is record- | cd in the fact that whereas in the past Dale has been left to his own devices and has received no support of money from local citizens in his various fights, voluntary offers for bonds in unlimited amount* have now been mad*. That fact is interpreted as ev! , dence that Muncie has entered Into | a fight for free speech and intends j to test the powe. - of a Judge to suppress any newspaper by forcible use of power and edicts to policemen. The parents of the thirty-eight newsboys whose papers were confiscated and who were listed with the sheriff with all the semblance of being held as criminals, although no formal charge of any sort waa made against them, are planning to enter the matter. Dale's return to Muncie haa been delayed until Tuesday, it was announced. Friends of the editor gave no reason for the delay, which postponed plans for the reception to have been accorded Dale. It was understood that the proposed writ of prohibition asked of the Supremo Court to stay the hand of Judge Clarence W. Dearth may not bo pressed, which indicates that Dale will not attempt to evade arreat. "COME GET ME,” SAYS DALE Decides to Tell Dearth to Send to Ohio for Him. Bu Times Special GREENVILLE, Ohio. Feb. 35. George Dale, Muncie editor who haa been informed that he faces an in dictment of criminal libel and a charge of contempt made by Judge Clarence W. Dearth, has decided to invite tho judge to send here and get him if he wants him. "I would like to see Just how badly he wants me bock,” said Dalp, when informed that citizens were prepared to furnish unlimited bonds for his release if he returned to his home city. Dale has employed the law firm of Mannlx, Crawford A Billingsby of this city to look into legal phases and makes no aecret of the fact that he hopes, through an effort to extradite him, to bring all hla troubles Into the Federal Courts of this district. His attitude, he says, fs that he Invites arreat on Ohio soil. In order that he may get away from the Indiana conditions and present hla fight for free speech to the Nation on neutral territory. COPIES ARREST ORDER KENNEWICK, Wash.. Feb. 26 Theodore Smith, a telegraph operator here, was sitting at his key when a message came In from Norfolk, Neb. It was from the sheriff, ordering Smith's arrest on an embezzlement charge. Tho operator copied the message and delivered It and himself to local authorities.

Spoon Arrested on Spooning Charges Bu United Press PITTSBURGH, Pa.. Feb. £5. —After all, there seems to be something in a name. Charles Spoon, 24, must answer charges of getting intoxicated and trying jto "spoon” with young