Indianapolis Times, Volume 38, Number 280, Indianapolis, Marion County, 28 February 1927 — Page 1

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

VOL UME 37—NUMBER 280

HOUSE ASKS COMMISSION REMOVAL

Committee Meets to Take Action on Dearth

INSULL CUED AS ACCUSED ID CONTEMPT Receives Cafce Based on Refusal to . Answer Reed Probe. TWO OTHERS CHARGED Include Utilities Magnate’s Attorney. h WASHINGTON, Feb. 28.—Samuel j-nsull, multimillionaire public utilities magnate; his attorney, Daniel Schuyler, and Thomas Cunningham, Philadelphia court clerk, were cited to the Senate today for contempt because of their refusal to answer certain questions of the Reed Senate elections investigating committee. The report was- presented by Senator Goff (Rep.), West Virginia, member of the committee, who recommended prosecution of the recalcitrant witnesses. “It will be seen from the testimony of Insull that he refused to disclose identity of the person or persons t” whom the sum of $40,000 had been paid or the purpose of its payment,” the report said. “Moreover, Insull assigned no further or valid reasons for his refusal to answer and repeated his statement previously made in effect that the was for local political and that he considered mmself bound In good conscience not to reveal the identity of the persons receiving it. “Your committee has perhaps exceeded the limit of forbearance in its method of procedure, but it is of the opinion that the Senate’s power to punish for contempt should be invoked only in extreme cases and after every indulgence and resource of a committee has been exhausted. “Therefore, your committee reports the further and continued obduracy of Insull and Schuyler, and recommends that they be adjudged in contempt of your committee and to the Senate of the United States.”

ALLEGED SLAYER OF BOYON TRIAL Insanity to Be Defense of Harold Croarkin. Uii I nited Press H CHICAGO. Feb. 28. Harold Croarkin, son of a wealthy manufacturer, goes on trial today for the fiendish murder of 6-year-old Walter Schmith, in a murder case that probably will be fought along scientific lines. Croarkin admitted to police, after making a confession to a Catholic .priest, that he attacked the boy and F-hcn killed him. It is probable that the entire case .'.rill Tae a battle between alienists as the defense has indicated a plea of insanity will be made. “We will brand Coarkin as just a plain killer,” Stated Attorney Robert E. Crowe, who prosecuted Richard Loeb and Nathan Leopold, announced. “He knew right from wrong and deserves the death penalty.” The defense contends Croarkin was mentally unsound. SEEK MISSING HUSBAND .Mrs. Vivian Jones, 18 N. Richland Ave., told police today that her husband, Alva, 42, has been missing since late Saturday. He has light complexion, blue eyes and some of his front teeth are missing, she told police.

LIFE TO THE FULL Joyce Daring was a telephone operator in a large hotel. She met many, and she learned to know men. She rose to social heights, but happiness was always just out of her reach until — But read the story, “Joy,” and find out.for yourself. This thrilling new serial “Joy” starts in The Indianapolis Times tomorrow. The Times has set the pace for newspaper fiction in Indianapolis. The Times remains true to its high standard with “Joy.’* Os course you remember “Chickie,” “Gloria,” “Joanna,” and the others dear to Times readers, you’ll welcome “Joy,” for she is a somewhat different type. Something new, and a bit more thrilling. If you are not now a regular Times subscriber phone your order to The Times circulation department, MAin 3500.

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

Entered as Second-Class Matter at Postoffiee fndiananolis

ASSEMBLY STARTS ON LAST WEEK Use Legislative Whip to Speed Up Machinery in Both Houses. After having cantered along for seven-eighths of the distance, the whip will be applied in both Houses of the Indiana Legislature for the "drive down the stretch” which begun today with the opening of the. last week of the seventy-fifth biennial assembly. Impeachment proceedings attempted in the House against Judge C. W. Dearth of Muncie may retard other action there.” Should judiciary “A” committee decide that the Legislature has no power to start impeachment proceedings against a constitutional officer it is more likely that a bill would be drafted to cover the situation in the future. Such a move would hamper pending legislation. No constructive pibce of legislation has yet been passed. On the other hand, there are “dyed-in-the-wool” politicians who say there Is no need for constructive law making at this time. Barrett Measures Action on several measures dealing with Barrett fund interest perhaps is the most important to the taxpayer now. The Senate proposal that prepayment of the assessment not be alowed unless the interest is paid for the full ten-year period is arousing public indignation. Senator William P. Evans of Indianapolis, explained this feature was needed to make up a huge deficit in the improvement fund of Indianapolis. The Senator added that the shortage was $500,000, while others claim it to be closer to SBOO,OOO. It was admitted that the deficit would not exist if the interest was paid into the fund instead (Turn to Page 11)

FOREIGNERS HALT LOOTINGGHINESE Eight British Transports Expected at Shanghai. “' SHANGHAI, Feb. 28.—While both sides prepared for the battle which may decide the fate of Shanghai, British and other occidental troops continued to protect the foreign settlement from looting and rioting. Friction arose between the foreign troops in the settlement and native leaders over an order of Shanghai Defense Commissioner Li Paochang closing the Woosung entrance to the Whangpoo River from 6 p. m. to 6 a. m., and over arrest of alleged Cantonese agents in the settlement by Li’s agents. Closing the river seriously interfered with foreign shipping. French police were ordered to take ihe strongest measures to prevent activity of it’s men in the French concession, after it was charged Cantonese agents had been kidnapped. That, the French said, violated neutrality agreenments. Eight more British transports are understood to be coming to Shanghai. , BUTLER GOING TO CHINA Star Trouble Man of Marines Gets Sailing Orders. Bu United Press WASHINGTON, Feb. 28.—Brig. Gen. Smedley Butler, known as the star trouble man of the marines, is going to China. Orders issued here call for him to embark from the west coast this week to join his outfit, which a few weeks ago he regretfully saw depart for the Chinese trouble zone without him. Butler, holder of the congressional medal of honor, has seen service in many disordered areas, and has an enviable record for service in Haiti, Vera Cruz and the Boxer uprising in China.

Attorneys c f High Standing j Say Legislature Can Impeach Judge. \ DIFFER WITH GILLIOM State Lawyer Says As- j sembly is Without Power. v. BULLETIN Bu United Press WASHINGTON, Feb. 28.—The j appeal of George Dale, Muncie (Ind.) editor, from his jail sentence for contempt of court in connection with publishing criticism of a county judge, will be heard by the United States Supreme Court. The court today granted his petition for reinstatement of Ids appeal, dismissed recently 7 Witli an opinion of attorneys of high standing that the Legislature has power to impeach a judge before it. Judiciary “A” Committee of the Indiana House of Representatives met this afternoon to determine what shall be done with the petitions of hundreds of Muncie (Ind.) citizens for impeachment of Circuit Judge Clarence W. Dearth. The committee also has before It an opinion of Attorney General Arthur L. Gilliom that the Legislature cannot impeach a judge. An argument before the committee upon the law, as set out in the conflicting briefs, was regarded as possible. Chairman J. Glenn Harris of the committee was to preside. In the meantime, member* of the Legislature were asking for definite information concerning Muncie conditions. Prosecuting Attorneys May Appear Prosecuting Attorney Joe Davis and Francis Shaw, attorney the Municipal League at Muncie, were expected to be in Ipdianapolis some time today and may be given an opportunity to give evidence as to the conditions which prevail in Muncie and the part played by Judge Dearth. There was an under current of discussion about the Legislature •which expressed the belief that a most serious situation exists and that if the Legislature has power to investigate and apply a remedy, if charges be proved, it should do so. It is pointed out that .he Legislature has refused to accept the opinion of Attorney General Gilliom on other matters, notably the salary raise of legislators themselves, and that it has ample precedent for pursuing the-remedy written into the statutes, especially as lawyers of high standing; have declared that the Legislature has power to act. Members Interested Several members declared that they would press for a complete investigation of Muncie and the action of Judge Dearth in ordering the seizure of thirty-eight newsboys and the confiscation of their papers, an act interpreted as forcible suppression of the press. The parents of a number of newsboys whose papers were taken sent a petition to Representative John Scott who filed the first petitions asking for impeachment. The parents charge that the judge violated the provision of the Constitution guarantying freedom from confiscation of property without due process of law and ask for his impeachment on the ground of such violation. Attorneys for Judge Dearth were quoted in Muncie newspapers, which have been friendly to Dearth, as jubilant over the Gilliom opinion and declaring that this opinion would save their client from any danger of impeachment proceedings. Judge Dearth was quoted as saying that he had done nothing for which he could be impeached. Question Unsettled While' he admitted that the Supreme Court never has decided the precise question at issue, Attorney General Gilliom gave to Chairman Harris an opinion that the Legislature has no power to impeach Judge Dearth. He said the law affords relief in other directions from the acts charged in the petitions for impeachment of Dearth presented by Muncie citizens. Representative Harris said he also had received an opinion that the Legislature could not act from At torney Lem Darrow, La Porte, Ind. Harrow held that the State constitution of 185? took the power to Impeach State officials away from the Legislature and gave It to Supreme Court.

LINEMAN NEAR DEATH Falls From Pole, Strikes High Tension Wire Pin Vnlted Press GOSHEN, Ind.. Feb. 28.—Noble Musselman, 39, of Millersburg, h lineman for the Interstate Public Service (Company, fell across a-13, 000 volt line at Cromwell Sunday, and was so badly burned his death is expected. Musselman was x on a pole when he ffcll, liis neck striking the high voltage wire. v

INDIANAPOLIS, MONDAY, FEB. 28,1927

GOVERNMENT WINS DOHENY OIL DECISION Supreme Court Rules U. S. Need Not Make Payment of $10,000,000. CANCELS PICH LEASES Ruling Completely Routs Plaintiff. Bu United Press WASHINGTON, Feb. 28.—The J United States Supreme Court today cancelled E. L. Doheny’s leases on the famous Elk Hills naval oil reserve in California. These oil rights worth untold millions, were granted to two Doheny companies by Secretary of Interior Albert B. Fall and Secretary of Navy Denby In return for promises to construct and fill a naval oil depot at Pearl Harbor, Hawaiian Island naval base. Tody’s decision is final. There is no appeal except for a rehearing by the Supreme Court. The decision was a complete Government victory, on all points. The court held on three major points: The leases were Invalid because obtained by fraud and corruption. That the Navy and Interior Departments were not authorized by the 1920 oil leasing act to buy oil fuel depots at Hawaii and other places by trading Navy crude oil for them. (This was generally taken as an indication the Government vq<* certain to win a similar victory in the Teapot-Sinclair lease case, now awaiting argument before the high court.) That the fraudulent nature of the leases and the lack of congressional authorization prevented Doheny’l companies from having any right to be repaid for some $10,000,000 spent by them on the Pearl Harber (Hawaiian) fi/el storage tanks. Decision of the San Francisco Circuit Court of Appeals invalidating the leases and contracts to build, on grounds of fraud and lack of authority, and ordering the companies to pay the Government approximately $10,000,000 for oil taken from Elk Hills vas affirmed. This civil case was brought by the Government as a result of the senatorial oil Investigation of 1923-24, along with a similar annulment suit against the lease obtained by Harry F. Sinclair on Teapot Dome naval reserve and a criminal suit against Fall, Doheny and Sinclair for alleges! conspiracy to defraud the Government. This case was regarded as most Important because It first reached the Supreme Court for a final decision. What Can Be Done in Case Like This? Bu Times Special MUNCIE, Ind., Feb. 28.—When Thomas V. Miller, the attorney, ap peared before Circuit Judge Clarence W. Dearth, today to ask for spocial judges, in two criminal cases, in which he defendants Dearth named Van Ogle, Wilbur Ryman and Richard Simmons as the list to choose from. Miller is an attorney who has represented George Dale, the Muncie editor, who has fought Dearth for several months, and an issue of whose paper Dearth confiscated a week ago. Van Ogle and Wilbur Ryman are the personal attorneys who have been representing Dearth in matters pertaining to the effort to Muncie citizens Dreath impeached. Richard Simmons is a Cambridge City, Ind., lawyer. The prosecutor Immediately struck Ogle from the list. Miller has the privilege of Btrlking off one other, but said ho didnt know what he would do. Attorneys ask for special judges usually when they believe their clients can not. for some reason, obtain an impartial trial from the regular judge.

Widow of Thaw’s Hospital Guard It ii United Press BEACON, N. Y„ Feb. 28. Mrs. Ellen Barnum, held for stabbing her son, Joe, 13, is the widow of a former prison guard at Matteawan State Hospital, who was discharged when Herry K. Thaw mado his famous escape. Thaw today expressed sympathy for Mrs. Barnum and indicated that he was ready to give her financial aid, adding that he always felt responsible for Barnum’s loss of his position as guard.

JUST A GLIMPSE OF THE JUDGE

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Circuit Judge Clarence W. Dearth, of Munele, who seized the papers of newsboys is shown here hiding Ills face from a Times photographer. Judge Dearth was determined not to be photographed. The photographer, waited on the courthouse grounds at noon Saturday for the judge to leave to eat lunch. Judge Dear and a friend came out. He saw the camera and sprang bark of the friend. Then he went bark into the courthouse. Two other times, the judge attempted to como out only to see the photographer. l inally he went back to the courtroom and resumed the bench.

DEATHS OF S EVEN AT ‘BABY FARM’ CAUSE ARREST OF ELDERLY WOMAN

A Nest for Each Little Bottle Sergt. Roy Pope and squad, who raided the home of Walter Mueller, 37, of 2604 Madison Ave., said they had to search 200 nests in a pigeon coop near the Mueller home before they found twenty pints of “Old Log Cabin” Bourbon whisky, eight half pints of cut alcohol and three and a half gallons of full strength alcohol. • Mueller was charged with operating a blind tiger.

‘FOR 2 CENTS,’ MOTHER MOURNS AFTER STABBING 13-Y EAR-OLD SON

L'u United Press , r. in. BEACON, N. Y., Feb. 28. —II year-old Margaret Barnum hadn’t found two pennies, Mrs. Ellen Barnum probably would not be trying today to explain why she stabbed her 13-year-old son, Joe, in the back with a kitchen knife. But as it stands, Margaret has lost her pennies, her mother is distracted, and Joseph stands aolidly with the other children in a declaration that “Ma didn’t intend to hurt me.” Mrs. Barnum herself, still Is groping for the answer to why she did it and the court will deal with her case. Joe, at a hospital. Is getting along all right. His mother, who goes afoot from their little home on a pig farm near Beacon twice a day to see the boy, was cheered today with news that he had spent a restful night. Although it all happened Friday it was only today that from stories of the mother and children the account of what happened could be pieced together. Margaret found two pennies. She never had had such treasure for her

Outside ot Marion Count? i‘Cents Per Week Sinrle Coole

Ottawa Police Hold Grandmotherly Proprietor of Institution. Bu United Press OTTAWA, Ontario. Feb 28.—The death of seven babies at a “baby farm” here was under rigid investigation today and one woman was held in jail as a material witness. Two infants fn the woman’s charge when she was arrested we:e being cared for at Hull jail. The woman is Mrs. Diana LaCroix, 60, gray-haired and grandmotherly. The seven babies have died at Intervals since August; three since Jan. 1. The arrest of Mrs. LaCroix was the result of a secret Investigation, which has lasted several months. $3,294 PAY ROLL STOLEN J-. Feb. 28.—Three men held up Eugene Cook, employe of tho Public Service Corporation’s garage, today and took a $3,295 pay roll from the safe.

own before. She confided the story of her sudden coming into money, to the children at school. She sought their advice as to how to invest it. "HidA It,” she was counseled. Buried Treasure On the way home from school she took the road through the swamp and buried her pennies beneath a stone. “We’re pirates.” Two boys who had followed her announced. “We'll dig dp your money and steal it.” Margaret thought her hoard was safe, but the two pirates found it. Margaret came home and the children —Margaret, 10; Mickey, 6! Mary. 4. and Joseph, 13— gathered in the kitchen. While mother cut some "Johnny cake” for supper, conversation centered on Margaret's “wealth” and loss. “Serves you right; you stole it out of m&'i purse,” taunted Joseph. “I didn’t," denied Margaret. “You (Ud,* cried Joeeph.

THREE CENTS

Gun, Gun, Who Has the Gun? Somewhere on his beat Patrolman Leslie Spillman, 2524 N. Olney St., lost his revolver Sunday night. The gun, a Colt .38 special, jostled out of his holster without his knowledge, Spillman said. He has little idea where he lost the gun, but lie knows he did and asks, “What good is a policeman without a gun?”

HOURLY TEMPERATURES 6 a. m 28 10 a. m 33 7 a. m 29 11 a. m 84 8 a. 30 12 (noon) .... 35 9 a. m 31

And the children plunged Into one of those “I dldnt, you did” arguments so dear to childhood. But Mrs. Barnum was tired. “Stop!” she shouted. The “I didn’t, you did” chorus went on unheeding. “Stop, stop, stop!” she cried again, according to Margaret. But there was no effect noticeable. Fight About Knife Frantic, Mrs. Barnum struck at Joseph, who had started It all. But she forgot she had been cutting Johnny cake and had the knife In her hand. Joseph fell, stabbed through the back. The frantic mother finally got him to a hospital, and now she hopes that the law will punish her “because then I can come back and make a better home for the children.” But the children, down to Mickey and Mary, agree that “ma didn't mean to” and Joseph hopes nothing will be done about it. “We just argued about Margaret’s pennies and ma didn’t intend to hurt anybody-juat make us stop,” he insists.

Forecast Mostly cloudy tonight and Tuesday; probably local snow; not much temperature change; lowest tonight 25 to 30.

TWO CENTS

Resolution Adopted Requests Governor to Dismiss Present Public Service Body Members. VOICE VOTE IS TAKEN Some Doubt Power of Jackison to Carry Out Plea for New Appointments. Ousting of the present public service commission and the appointment of new commissioners was asked of Governor Jackson in a resolution adopted by the Indiana House of Keprcsentatives today. The resolution was adopted ”ithout a roll call on a voice vote and entered on the records. It was introduced by Representative William Bosson Jr. (Rep.), of Indianapolis, and adopted without discussion.

Jackson Away. Governor Jackson has been in Kansas City, Mo., over the weekend and was not due to return until this afternoon. Doubt was expressed by some attorneys In the House, following the session, whether the Governor would have tho power to summarily remove the commissioners. He could ask for their resignations, however, It was pointed out. The resolution said: “Whereas, The great majority of the people of Indiana demand a regulation of public utility matters in the interest of tho consumers, and “W’hereas, The public service commission has acted for the interest of the utilities and not for the interests of flic people, and, “Whereas, A powerful utility lobby has succeeded in preventing the passage of earli and every act in the Senate to regulute the said Utilities; and “Whereas, The action of the present commissioners has been to the great Injury and detriment of tlie consumers, until the peoplo, have decided that the best in-l terests of the people demand s change in the public service commission. Therefore I offer flic following resolution and move its adoption: Be It Resolved—Thrt the House of Representatives respectfully request Governor Ed Jackson to remove the present members of the public service ronuuissinn at once and appoint in their places men who will consider (lie rights of the people and govern their actions accordingly.

FARM VETO VOTE STILLJCERHIN Effort to Take Ballot May Be Lost in Jam. Bu Ttnltrd Press WASHINGTON, Feb. 28.—Senate farm bloc leaders Intend to bring before tho Senate today the McNaryHaugen farm relief bill for a showdown on President Coolldge’s veto. Senator McNary, (Rep.), Oregon, who admlfted passage over the veto Is Impossible, announced he will seek to get the measure up today. The vigor with which McNary and other farm bloc leaders press for a vote, will determine whether a vot is taken. The legislative situation is such that a vote could be avoided, ns only four and a half days are left, before Congress goes back home. It Is not at all unlikely that a vote may be sidetracked. Democrats, however, do not Intend to stand by and let this happen without at least reminding Republicans of the rift in the majority party ranks over farm relief. There is a rift, likewise, in Democratic ranks, but it is not so bound up with presidential politics. Meanwhile, a meeting of the House Agriculture Committea has been called for today, shrouded in some secrecy, out of which has come tne report that administration leaders may attempt to force action of the Curtis-Crisp farm relief bill, rejected decisively In both House and Senate. _____

You’ve Sold All My Police Pup*— Mr. Frank Roberts, E. 31st St. and Layman Ave, ran a little Want Ad In The Times offering several police pups for sale. “You’ve sold them all,” said Mr. Roberts when ordering his ad cancelled. Not only did the ad reach people who wanted to buy pets, but also cost Mr. Roberts less. Want Ads cost less in Tho Times. If you have pets, canaries, dogs, etc., that you wish to sell, order a Want Ad In The Times. You’ll get the buyers. Call Main 3500 “Just Say Charge H.”