Indianapolis Times, Volume 38, Number 279, Indianapolis, Marion County, 26 February 1927 — Page 1

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

VOLUME 37—NUMBER 279

DEARTH'S FATE BEFORE COMMITTEE

DUE ISSUE SDLD OUI AT HE Judge Dearth Keeps Hands Off as Thousands Buy Papers. Wizens on corners Wait for Action, but Nothing Happens. Times Staff Correspondent MUNCIE, Ind., Feb. 26.—Three thousand copies of the PosPDemocrat, whose issue was seized last Saturday by orders of Circuit Judge Clarence W. Dearth, were sold within an hour after they appeared on the streets here this morning. The papeij is printed at Portland, Ind. Every copy brought in had been bought by the large crowds which were on the streets and the little printing plant at Portland was worked over time to print more. Mrs. George Dale, wife of the editor, announced that the capacity of 10,000 for a day’s output would be in Muncie before evening. Boys Unmolested In contrast to a week ago, no effort was made by Judge Dearth to interfere with the newsboys. Also in contrast was the fact that Saturday more than 100 boys were clamoring for the chance to sell papers, several men joined the selling force and crowds of men- 1 stood at important corners, apparently awaiting for some action. In the past it has been difficult to find boys to sell Dale’s paper. Mrs. Dale was in command of the paper, her husband remaining at .Gi-eenville, Ohio, and inviting piearth to extradite him if he has any criminal warrant against him, and suggesting that he would welcome a chance to present the legal issues in his case before a Federal Court or a neutral tribunal. Police Policy Changed That suppression of newspapers is a policy that has been discarded for the present, was suggested by both police and sheriff’s offices, who said that they had no requests for action today. Van Ogle, attorney for Judge Dearth, gave out an interview in which he suggested that action of some unmentioned sort would be taken against The Indianapolis Times, which demanded the impeachment of Judge Dearth. Van Ogle did not state when or what he expected to do. “A Better Method” ‘‘There is a better method of coping with this situation than by filing an injunction,” he said, in commenting on a report that he had prepared a petition asking for such an action against The Times being distributed in Muncie. Muncie is today filled with residents of the county who came in greater numbers than usual. The word that a petition had been prevented asking for the impeachment fef Judge Dearth is the accredited reason. These people discussed the plans and Interest centered on the Legislature and its action in the matter. As evidence of the. state of mind dn. Muncie is the report by one boy •that a woman, in buying a paper, threw it Into a bag and said fearfully that she expected to be arrested if found with a copy of the Post-Demo-crat in her possession. GET ONE OUT OF FOUR Bv Tint ted. Press NEW YORK—One out of every four men automobile drivers, or 26 per cent, in New York State were arrested in 1926 for some violation of traffic laws. Only 2.2 per cent of women drivers were haled before courts of the State.

THE FIRST KISS “She received first kiss from the man who offered her a clean love. Instinctively she knew he was sincere, but bitterness made her place him on the level of those who toyed with her heart.” This is another great climax from “Joy,” The Times serial story of Joyce Daring, a typical modern girl who was cast penniless upon the world after her pleasure-loving mother and stern father parted. The first chapters will start Tuesday, March 1. .. It s the. story you cannot afford to miss. You’ll remember it for years. Climbing from poverty to riches -was one of the many experiences of this girl whose name was heralded across the continent when success came. Bitterness in her heart because of disillusions that were shattered by men of the world who toyed with women’s hearts, she at last thought she found a haven of happiness in what seemed to be a true love. To whom did she turn to for the happiness money failed to bring? Joyce Daring knew the heights and the depths of happiness and despair. She ran the gamut of human emotions. Follow this modern girl through the adventures and scenes of this great story. | Read about the greatest love of woman for a man. •f, It’s the outstanding story of the year.

The Indianapolis Times

BOYS ADVISED NOT TO PAY FOR PAPERS, CHARGE Parents Say Sons Tell Them Judge Dearth Told Them Not to Meet Bill.

By Eldora Field Times Staff Correspondent MUNCIE, Ind., Feb. 26.—Circuit Clarence W. Dearth," who herded a lot of little boys into a big courtroom and scared • them stiff with such words as “probation” and “reformatory,” also advised newsboys not to pay Mrs. George W. Dale, wife of the editor of the Muncie Post-Democrat, for the

CAVE-IN OF Dm FATAL TO SUOffIPDE TEACHER William P. Crockett Loses Life in Trench Near Home— Sons See Father Crushed—Wife Prostrate.

William Perry Crockett, 46, of 419 W. Forty-Ninth St., Shortridge High School physics teacher for seven years, lost his life today when a sewer trench caved in near his home. Crockett had warned his sons, Harold, 17, and Austin, 16, both Shortridge students, who were working with him in the ditch, to be careful only a few minutes before he was crushed to death. The trench was about eleven feet deep. Death at Once Harold returned from a shed to find his father pinned beneath about three feet of wet dirt. He attempted to uncover the body, but was able to clear only his father’s face. Death apparently had come, for the father was unable to speak. A squad of police under Lieut. Leonard Forsythe and firemen under Captain Judd of fire company 28 labored for more than two hours in removing the body. Difficulty was PASS 2-CENTTO FOREDUCAIION State Fails to Keep Pace, Declared Claycombe. With only three votes against it, the 2-cent levy for Indiana’s Institutions of higher education passed the Indiana House of Representatives today and now goes to the Senate. Calling attention to the fact that but few students from other States come to Indiana for an education because of the condition of the colleges, Representative Lloyd Claycombe, Indianapolis, said: "We have not kept pace with our population growth in providing for ohr colleges and normal schools in the past ten years. Students from other States do not come here. Even this bill does not adequately meet the needs of our colleges,” he said. There was no opposition voiced during the consideraiton. The bill originally called for a 3cent levy which has been cut to 2 cents on each SIOO of assessed valuation. The first tax, if the Senate passes the bill, will be levied in 1928 and" collected in 1929. The levy is to run for ten years, and it is estimated will produce $1,000,000 a year. The funds are to be used in land and building improvements, MISSING CRAFT SAFE Bv United Press CORDOVA, Alaska, Feb. 26. After all hope has been given up for the small gasoline boat Imp and her crew, the craft was found near the entrance to Cordova Harbor, where it had sought refuge from the heavy gales earlier in the week.

Entered as Second-Class Matter at Postoffice. Indianapolis.

papers he confiscated, is the charge of parents of the boys. And the 'parents do not like It. ‘‘We are trying to rear our boys to be honest. We let them sell papers because of the opportunity to get training in honesty and fair dealing. We teach them that they must meet both the financial and moral obligations of this life,” said Mrs. A. D. Coatley, 1115 E. First • (Turn to Page 13)

encountered because of the soft earth. City hospital physicians failed to revive Crockett. The body was buried upright. While police and neighbors attempted to uncover the body, Mrs. Ethel Crockett, the wi(e, lay prostrate in the home, with six other children hovering around. Harold and Austin worked in vain with neighbors in an effort to save their father’s life before arrival of police. Both are Shortridge basketball players. Austin was on the football squad. Neighbors attempted to quiet the mother at the home. Guarded Sons “Oh, he was such a good father,” she said. “We asked him to wait until weather opened up to finish the ditch, but he was so anxious to get it finished. He took every precaution to guard Harold and Austin, and to think he lost his own life,” she said. Mr. Crockett formerly taught at Crawfordsvillt. His early home was at Winamac, Ind. The other children are: Irving, 14; Paul, 9; David, S; James, 6; George 3, and June, 8 months. No arrangements were made for burial.

FAIRMOUNT MAN KILLED BY TRAIN Struck by Pennsylvania Near Country Club. William J. Robey, 50, of Fairmount, Ind., today was killed by a Pennsylvania train near the Indianapolis Gun Club, west of the city, on Lynnhurst Dr. Coroner Paul F. Robinson ordered the body sent to Shirley Brothers’ mortuary. The body was brought hare on the train. A sister, Mary E. Watts, 902 W. Thirty-First St., survives. Predicts Communism Will Rule in U. S. Du Uniteit Press DENVER, Colo., Feb. 26.—Com munism in the United States within twenty-five years is the prediction of Bishop William Montgomery Brown, “America’s most famous heretic.” Bishop Brown, who was excommunicated by the bishops of the Protestant Episcopal Church for heretical views at the age of 75 some two years ago, is in Denver for a series of lectures before labor organizations. "Tour well known Judge Lindsey,” Bishop Brown told the United Press, referring to Judge Ben B. Lindsey of Denver juvenile court fame, "is pointing to communism right now when he advocates companionable marriage. But I would go even farther than that. Not only will women in the not far distant future choose the men, rather than vice-versa as at present, but I ven ture to predict with considerable certainty that it won’t be long before the State will have to make provision for mothers and children.” Woodrow Wilson*s Brother Is Dead Du V nit fit Press BALTIMORE, Md„ Feb. 26. Joseph R. Wilson, brother of the late war President, died early today at his home in the Chedford apartments, here. Death was due to nephritis. Mr. Wilson had been seriously ill about two weeks. With him at the time of his death was his widow and their only daughter, Mrs. Alice Wilson McElroy, who came to Baltimore from her Nashville (Tenn.) home a week ago when it first appeared that her father’s illness was critical. Except in 1913, when he was a candidate for secretary of the United States Senate, the late President’s brother took no active interest in national politics. He was defeated by James M. Baker of South Carolina. HOURLY TEMPERATURES 6 a. m 30 10 a. m 32 7 a. m 30 11 a. m...... 32 8 a. m...... 31*12 (noon) .... 33 9 a. m 31 1 p. m...... 33

INDIANAPOLIS, SATURDAY, FEB. 26, 1927

FARM BILL VETO VOTE DEFERRED Several Hours May Pass Before Senate Can Reach Measure. LACK NEEDED MARGIN Leaders Certain Coolidge Will Be Upheld. Bv United Press WASHINGTON, Feb. 26.—The farm bioclwas squeezed out temporarily in the legislative snarl In the Senate today. The plan to force an immediate vote on President Coolidge’s veto of the McNary-Haugen bill was interrupted when Senators favoring other legislation obtained the floor and prevented the scheduled vote. This precipitated a parliamentary tangle which may delay the vote several hours. Senator McNary (Rep.), Oregon, joint author of the bill, wanted to send it and the veto message to the Agriculture Committee, of which he is chairman, where it would have been buried beyond rescue from the embarrassment incident to the Senate sustaining the President. Senator Robinson (Dem), Arkansas, floor leader, jumped quickly to this cue, and pressed McNary for a definite statement as to whether the bill was to be buried there. McNary, hesitant, said he could not speak for the committee, and added that he realized there was not a chance of passing the bill over the President’s veto. Later, he announced outside the Chamber that he would ask for a vote. Farm leaders admit, however, they can not pass over the veto of President Coolidge. The necessary two-thirds is lacking.

Girl Spends Night at Vacant House Janet Young, 12, of 1216 N. La Salle St., was back home today after a night's absence. When her mother reprimanded her for returning from school late Friday fend said she must spend the evening at home instead of the theater, she loaded up blankets and a tarpaulin and spent the night in an empty house near her home, she told Miss Leona Foppiano, of the police missing persons bureau. She wasn’t afraid at the start, but when the boards began to squeak in the night air she became frightened and spent a sleepless terror-stricken night, the girl said, according to Miss Foppiano. When dawn broke she returned home. “I just wanted to prove to myself that I could go out alone at night, and not be afraid,” the girl said. ‘‘l’ve read several times lately where girls ran away and made their own fortunes, and I thought I’d like to try It for a few hours, anyway. I was terribly afraid though, and I guess I didn’t prove anything much and I’ll never, never doanything like that again.” BANK BANDITS HUNTED Two Obtain SBOO in Hold-up of Cashier at Brooklyn, Ind. Bv United Press BROOKLYN, Ind., Feb. 26. Police of this vicinity today searched for two bandits who held up the cashier of the Brooklyn Peoples’ Deposit Bank and eseappd with SBOO. No trace of the bandits has been found. The bandits drove to the bank in a car and one remained at the wheel, while the second walked in and demanded all available cash. Covered by a revolver the cashier, H. H. Leathers, gave the bandit SBOO. and he retreated to the street, escaping in the auto. FRAUD TRIAL NEAR END Daugherty-Miller Case Expected to Go to Jury Tuesday. Bv United Press NEW YORK, Feb. 26.—Trial Os former Attorney General Harry M. Daugherty and former Allen Property Custodian Thomas W. Miller, charged with conspiracy to defraud the Government, probably will go to the jury Tuesday. The trial stood In adjournment today for the week-end. Conclusion of closing arguments of United States District Attorney Emory Buckner and Judge Knox's charge to the jury are expected to take up all of Monday’s session.

Sectioned Tourney Schedules Schedules for the Indianapolis and other sectionals of the Indiana high school basketball tournament, to be played next Friday and Saturday are printed in The Times Si tort Section today.

REED’S PROBE CITES INSULL FOR CONTEMPT

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Samuel Insult, Chicago public utilities baron, was thinking hard when this picture was taken. He was before Senator Reed’s campaign fund probers. He refused to answer some of the questions put to him under a "talk or go to jail” threat.

TERRIFIC STORM LASHESALASKA Some of 1,000 Fishermen May Be Lost. Bv United Press SEWARD, Alaska, Feb. 26. Boats of the Alaskan halibut fleet were struggling into port here today, reporting one of the most terrific storm battles in years on the banks, 100 miles off shore. Nearly 1,000 men were aboard the fishing boats endangered in the storm and several of the crafty were scattered and their fate is unknown. Possibility that some of the boats w r ere lost with all hands was admitted. One hundred and fify boats compose the halibut catching fleet. The storm has been raging the north Pacific since Thursday. DEDICATORY SERVICES Auditorium and Gymnasium Opened at Manchester College Bv Times Special WABASH. Ind., Feb. 26.—Dedicatory services for the new auditorium and gymnasium of Manchester College, which began last night, will continue today. This afternoon teams from Butler University and Manchester held a debate, and tonight there will be a ManchesterFranklin basketball game.

FIFTEEN CITIZENS SIGN PROTEST ON SIMS BILL Call for Defeat of Measure Amending City Manager Law on Grounds of ‘Common Honesty and Decency/

Names of fifteen prominent Indianapolis citizens were signed to a statement, laid on the desk of each member of the House of Representatlves today, asking that the Sims 457 HEAR ELEPHANT CEREMONY A number of small tuskers were given their first lesson by the big Jumbos in the art of avoiding the espears of the elephant hunters at an initiation meeting of the National Committee Order of Elephants at the Knights of Pythias auditorium, Friday night. The new members numbered 457 according to Albert Reeves, Mayor Duvall’s chauffeur. Chief Carey in Charge. The ritualistic service was conducted by Horace Carey, fire prevention chief. Mayor Duvall and George V. Coffin spoke. Each member and candidate wore a large elephant mask with huge flopping ears and tupks, and purple robes wit ha picture of a white elephant on the front. “We have all the persons who amount to anything in the city hall now in the Elephants,” Reeves said. “Others will be taken in or weeded out. W are increasing rapidly and soo nwill be the largest political club Indianapolis has ever seen. “Bring on your Elphant Hunters." Lew Optimistic Samuel Lewis Shank, president of the Elephant Hunters, who declares that Elephants Club was George V. Coffin's “last political stand," said that taking in of “such a small numbers as that doesn't worry v im." “Just wait until I start initiating people,” he declared. “I won’t start with 450. I am going to have half of Indianapolis in my club. I am going after Coffin's hide, and I am it."

Oniaide of Marion, Count* 12 Cents Per Week. Slnsle Copies

Utilities Magnate Refuses Answers About Gifts to Campaign Funds. Bu United Press • WASHINGTON. Feb. 26.—Samuel Insull, tractiors multimillionaire, again refused to answer certain questions of the Reed Senate Election Investigating Committee today, and the committee proceeded to cite him and two other witnesses for contempt. Insull in a brief appearance on the stand revealed, however, that all the $125,000 he gave to the primary campaign of Senator-designate Frank L. Smith, (Rep.), Illinois came from the till of the Commonwealth Edison Company—an Insull public utility and electric light concern. The committee considered this evidence highly important in view of the fact Sm.th was the chairman of the State public utilities commission. It was also developed from Insull that he drew a check for $190,000, payable to the electric light company, on June 30, 1926, to reimburse It for money taken from tho till. This, however, was after the primary of April 13, 1926, in which the money was spent. It was also after the Senate investigation of the primary had been begun. The new evidence is expected to be used in the fight now being made in the Senate to bar Smith from his seat. The contempt citation probably will be submitted to the Senate Monday by Senator Goff, (Rep.). West Virginia. Daniel Schuyler, Insull attorney and Thomas Cunningham, Philadelphia court clerk, are also to be cited with Insull for similar refusals to answer questions.

“mayor protection bill” be defeated “in the interest of good government, common honesty and common decency.” The statement created much favorable comment among the legislators who are awaiting an opportunity to vote on Senate Bill 187 on final passage. The Sims Mil, Introduced by Senator George w. Sims, Terre Haute, on behalf, It is said, of Evansville politicians, would prevent the city manager plan from being placed In force In cities until after the term of the mayor has expired. The bill was Introduced In order to prevent the removal of Mayor Herbert Males of Evansville and Mayor John L. Duvall of Indianapolis. In both cities a movement for the adoption of tho city manager form Is now on foot. Those signing the statement circulated were: John W. Esterline, president Es-terllne-Angus Company: Franklin Vonnegut, president Vonnegut Hardware Company; W. H. Insley, president Insley Manufacturing Company; (Turn to Page 13)

Assembly Today

Both Houses convened at 10 a. m.; adjourned to meet Monday, Ham. SENATE Teacher tenure bill passed. Corn-borer appropriation bill passed. * HOUSE Judiciary “A” met to consider legal phases of petition to impeach Muncie judge—meets again Monday. Passed bill providing 3-cent levy for State schools. STUMP TO, SPEAK Albert Stump, attorney, will speak before the Beecher Bible class Sunday at Second Presbyterian Church, Dr. J. F. Moyer, president, announced.

THREE CENTS

Consensus of Opinion of Judiciary; “A” Members That Something Must Be Done. INQUIRE INTO LEGAL SITUATION Two Ways of Bringing Judge “to Bar” Considered. Whatever remedy is in the hands of the Indiana Legislature will be invoked, in the matter of the petitions for the impeachment of Circuit Judge Clarence W. Dearth of Muncie, if the recommendation of Judiciary “A” Committee is accepted and followed. That was the situation at the close of a committee meeting Saturday, at which only the legal phases of the situation were presented.

Privately, there was announced a consensus of opinion that something must ber done concerning the grave charge that the right of a free press had been denied by Judge Dearth, if the allegation that he had seized and confiscated an issue of the PostDemocrat last Saturday and terror-' ized newsboys by herding them into court without warrant are substantiated. Committee Desires Action A desire for action on the matter was universally expressed by members of the committee. One of the suggestions made, In order to avoid delay, is that the committee may call witnesses Monday from Muncie, and that if this be done that possibly the Judiciary committee of the Senate be asked to sit jointly. That will be done If It Is decided to proceed under the statute removing a judge by a two-thirds vote of the members of each house, instead of the formal impeachment by the House and trial by the Senate. Chairman Harris of the committee has received considerable Information aside from that contained in the petitions, all of a nature which impresses with the necessity of some action by the Legislature. Matter of Rights The forcible seizure of the newspapers without a hearing has shifted the matter from a feud b tween a Judge and i(n editor with numerous sentences for contempt, to a question of the sacredness of the Constitution. The committee Is open to suggestions from attorneys as to the law governing the matter and It is probable that it will receive briefs from attorneys who are Interested In preserving the Integrity of the Constitution and the power of the Legislature to protect it from invasion by judges or other Officials. Lemuel A. Pittenger, Representative from Muncie, and a cousin of the policeman suspended on charges of slapping a newsboy, held conferences with some members of the committee, but the nature of his discussion was not disclosed. It was the consensus of opinion that If the Legislature finds itself powerless to Impeach judges who Interfere with constitutional rights, some measure should be passed by the Legislature looking to a remedy and giving the Legislature such power. Little Debate There was little debate when the committee met as to the advisability and the Justice of bringing impeachment proceedigs under the charges filed, if they be substantiated by proof. The entire argument centered around the authority of the House to bring such an action. The statutes provide for such an action but Supreme Court decisions in the case of attempted removals of prosecuting attorney raised the question of the validity of these statutes. Direct Precedent Lacking No attempt has ever been made by the Legislature to Impeach a Judge under the present Constitution and there ia no direct decision in point. The precedents which raise the question of authority were based on rulings that prosecutors can only be removed for corruption or high crimes, after conviction. The committee seemed apparently eager to have the Legislature test its own powers to Impeach judges who have abused their powers and were unanimous in the belief that th|B Legislature should have the same power which Is given Congress over Federal judges. The committee may meet again Monday before reaching a final decision on procedure. The committee met early Saturday to consider the petitions of Muncie citizens asking for the Impeachment of Judge Dearth. These petitions charged Dearth with the charges of interfering with the freedom of the press, and with an Irregular appointment af a Jury commissioner, from which had resulted miscarriages of justice. The first charge was based upon the charge that he had seized and confiscated newspapers, copies of the Post-Democrat, and had ordered the capture of newsboys without warrant and without trial. When the committee opened Its session, Chairman Harris outlined two courses which he said were open to the House and the committee. The first was the election of a board of managers to prosecute any charges it made before the Senate,

Forecast Partly cloudy tonight and Sunday; not much temperature change; lowest tonight about 25.

TWO CENTS

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CLOTURE BEATEN IN BATTLE OVER DAMLJpiON Bowlder Bill Proponents Fail to Obtain Required Margin of Two-Thirds. Bv United Press WASHINGTON. Feb. 26. The fighting battalion which kept the Bowlder Canyon dam bill before the Senate seven consecutive days in the most dramatic legislative conflict of a decade was crushed today when the Senate refused to adopt a cloture rule to limit debate on the measure. The petition to limit debate and thus force the Senate to vote upon the bill failed *n receive the two-thirds majority necessary for its adoption. Asa result the way was left open to the filibustering force opposing the bill so that they can talk endlessly and prevent passage of tht measure. The bill was Introduced and championed by Senator Hiram Johnson (Rep.), California, who conducted a dramatic fight to authorize appropriation of $125,000,000 for construction fa dam at Boulder Canyon In tho Colorado river. Johnson said the lives and property of people in the Imperial Valley, California, were endangered by failure to provide the dnm for flood control purposes. He also urged adoption of the measure to furnish needed power and irrigation facilities to the southern area and his plea rallied around him a grim force which kept the Senate in continuous session for thirty hours Tuesday and Wednesday. The filibusters, led by Senator Ashurst (Dem.), Arizona, however, had stood Just as valiantly against the measure on the ground that it deprived them of constitutional rights, and they managed to rally more than the one-third minority necessary to defeat any cloture petition.

RECRUITS ASKED Isl SCHOOL FIGHT Letters Seek Aid to Combat Destruction of System. Citizens were asked to Join a permanent organization of taxpayers “being formed to function effectively in all public emergencies, such aa the present attempts of the majority faction of the school board to dominate the management of the public school system regardless of the welfare and desires of the people," In letters sent out by Henry L. Dlthmer, Joseph J. Schmid and Grier M. Shotweli. , The three are officers of a temporary organization formed upon the recent move of the school board faction to remove JS. U. Graff, school auperintendent. Impeachment/ proceedings against the majority school board faction will be Instituted by the group, It is said. “The minority members of the school board (Fred Bates Johnson and Charles R. Yoke) should be loyally supported In their fight to prevent private interest from controlling our public school system,** the letter states. “These destructive tendencies have grown so serious and widespread that a permanent organization is now necessary.** Enrollments are to be sent to Schmid at 130 N. Delaware BL, the letter says. TWO STEAMERS SINK By United Press LOUISVILLE, Ky„ FeK *.— Two steamers, the Advance, owned by the Inter-Watenraye Company Louisville and the Conqueror, owned by a subsidiary of the Wheeling Steel Company, were sunk today In tbs Ohio River, by winds and high waves. Fourteen men on the Advance and tan on the Comfusror MCipOOs .I.l*ll- *iiWt *- * —*-.