Indianapolis Times, Volume 38, Number 284, Indianapolis, Marion County, 4 March 1927 — Page 1

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VOLUME 37—NUMBER 284

FORMAL DEARTH CHARGES FILED

Stormy Congress Quits, Tasks Undone

CITATION OF COMMISSION JURYTOPIC Overt Act Awaited Before % Contempt Charge Is Made, Belief. PLAN ACTION NEXT WEEK Detention Home Report Ignored by Officials. Possibility of asking Criminal Court Judge James A. Collins to cite County Commissioners Cassius L. Hogle and Charles O. Sutton, for indirect contempt of court was discussed by the Marion County grand jury today. The commissioners have announced they would ignore the jury’s recommendation against moving the Juvenile Detention Home td the Holloway apartments, 225 E. Michigan St. Prosecutor William H. Remy advised the jury to wait until the commissioners take some definite step to disregard the jury’s instructions and take over the E. Michigan St. building for use as a Detention Home. Plan Action It is understood the jurors decided to start the contempt proceedings next week if the commissioners act in the meantime. Hogle and Sutton leased the E. Michigan St. property from James F. Edwards, real estate man and county councilman, and plan to ■hiove the home there March H>. At present the home is at 1102 N. Capitol Ave. The jury recommended retention of the Capi j tol Ave., site until anew home was erected or, at least, until one more : fitted for the purpose than the Mich igan St., property is found. George Snider, majority faction member, who has had no part in leasing the proposed structure, remained silent on the issue. Sutton declared there was no way in which the commissioners could avoid the lease, which calls for rental of the Michigan St. site for $350 a month, :125 a month more than the council has appropriated for Detention Home rent. To Move Anyway “We are going to move in anyway,’’ Sutton 'stated. “We cannot get out of our lease.” “The report of the jury was nothing more than a recommendation,” Hogle declared. “If it is contempt to disregard the report, then we have been in contempt of court ever since we have been commissioners, for previous grand juries have repeatedly recommended that we select anew site for the home. Up until recently we did nothing about it, but we were never cited for contempt.” Backed by Givan The majority faction commissioners were supported in their move by :t written opinion of County Attorney Clinton 11. Givan. The attorney stated lhat the five reasons set out by the jury, on which it was recommended that the home not be moved to Michigan St., were “nothing but Conclusions with no facts to sustain Bliieni.” The last reason so the jury, that the structure was not equipped with fire escapes, was considered by Givan of minor importance. He said this matter could be remedied for about SIOO7 Referring to the Edwards connection with the transaction, the opinion stated the attorney had investigated the situation and found “tha Edwards did no benefit from the contract.” STUDENT, 16, KILLS SELF Boy Shoots After Exclaiming, “I’m Going Straight to Hell.” Bu United Press WASHINGTON, March 4.—A 16-year-old high school student today shot himself to death before two young companions after telling them, ’“lm going straight to hell.” He was Herbert Willett of Chevy Chase, D. C., son of Mr. and Mrs. M. E. Willett, who could furnish no reason for their son's action.

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Woman to Present Dearth Papers

Miss Fern Ale of Winamac, Senate secretary, who will present Circuit Judge Clarence W. Dearth, Muncie, with the formal notice of impeachment'. This is the first time an Indiana jurist has been impeached and she is the first woman secretary of the Senate.

SECOND BARRETT LAW ‘GRAB’ BILL PASSED BY HOUSE Measure Would Make Property Owners Pay Up . Deficit in Fund. Despite opposition by Representative William Dentlinger (DemJ, former city clerk of Connersville, the Indiana House of Representatives today passed the Senate bill sponsored by the Marion County delegation to stop the pocketing of between $60,000 and SBO,OOO Barrett law fun interest annually by Marion County treasurers. The bill provides for the retention by the county of all interest accruing to the fund. The provision objected to by Dentlinger prevents a property owner from paying up his assessments, after the Barrett law ten-year plan has been chosen, withi out paying ten years interest. To Raise Deficit The bill was admitted to be de- ! signed to replace a deficit in the In- ; dianapolis fund of between $500,000 | and SBOO,OOO caused by Marion <boun- ’ ty treasurers pocketing this interest j instead of holding it in trust for the i city. Dentlinger said that as clerk of j Connersville he had experience with i Barrett law funds and “there is no necessity for additional legislation on the subject if the funds are handled honestly.” Vote 76 to 4 epresentatlve William Henry Harrison, Indianapolis, spoke briefly in favor of the bill. It pasesd, 76 to -4, and returns to the Senate for concurrence on minor House amendments. The Babcock-Borns House bill, which is now before the Senate, contains the provisions stopping county treasurers from pocketing the interest; but does -not require property owner's to pay ten years’ interest when they pay off the assessment against their property before the ten years has passed.

U, 5. Envoy Badly Beaten in Nicaragua Bu United Press MANAGUA, Nicaragua, March 4. —William H. De Savigny, United State consular agent at Matagalpa, was attacked and clubbed to unconsciousness Thursday, it was revealed here today. United States Minister Charles C. Eberhardt said the assault followed a lengthy series of threats directed against himself and other prominent American residents of Nicaragua. De Savigny was attacked after he had left the Foreigners’ Club at Matagalpa for his home. He laid in a street four hours before being picked up by a passerby. The Nicaraguan government today told Eberhardt that every effort was being made to capture De Savigny’s assailants. The injured man is a prominent merchant and coffee grower. CHILDREN SEE JUDGE Federal Judge Robert C. Baltzell received a “call” today from twentynine children of the 8-A class at School 9, Fulton and Vermont Sts., their civics teacher, Mrs. B. M. Frazer, having them in charge for a trip through the Federal Bldg. O. K. CLARK MEMORIAL BILL The House today passed the Shake Senate bill, 80 to 0, allowing Knox County and Vincennes to appropriate SIOO,OOO each to assist in the George Rogers Clark memorial exposition. HUSKIES WAKE ’EM NOME, Alaska, March 4. —Huskies are the alarm clocks of the North. The dissonant serenade of the husky hosts in early morning would waken King Tut himself, according to visitors here, who recently heard the huskies for the first time. The dog choruses of early mornings is one reason why the people of arctic coun tries are not late sleepers.

Senate Ends Grimly Fighting —Jubilant Scenes in House. IMPORTANT BILLS LOST Legislation Went by Board in Filibusters. Bu United Press WASHINGTON, March 4.—The Sixty-Ninth Congress died with its boots on at noon today in the most dramatic political battle of modern legislative history. The stroke of noon automatically ordered out of existence the national Legislature, elected two years ago with President Coolidge, and wrote an end to a spectacular series of filibusters which had held the Congress impotent for the last ten days. The end was characteristic of the turmoil and strife which has marked the Senate sessions for the last ten days, and carried to death a half dozen major items of legislation which were marked for passage before adjournment. The House passed out with laughter and a bolstero.us song, but its austere twin, the Senate, died grimly fighting in the midst of half a dozen filibtisters, two of which had kept it in continuous session, first for thirty hours and then for thirtyseven hours. The end brought a nine-month recess which will not be broken until next December, when the Seventieth Congress elected last November comes into session, although President Coolidge is empowered to call it earlier in a special session should a national crisis arise. Asa whole, the session marked anew speed record in the handling of legislation, but it also chalked up a record for stubborn resistance (Turn to Page 15) SEEK 10 INDICT 60 IN RUM RING Testimony of Girl, 17, Shows Liquor Smuggling. Indictments against sixty persons involved in a liquor ring which has been “running” booze into Indiananapolis from Chicago, were sought before the Federal grand jury today by Deputy Prohibition Administrator George L. Winkler. , The case grew out of the arrest a month ago of August Brethauer, 44; Roy Pope, 29; Rex Long, 27, and Harry Green, 24, at the former’s house at Eleventh St. and Arlington Ave., where a small quantity of liquor was found. Testimony of Mary Raines, 17, housekeeper for Brethauer, led to a thorough investigation and an ex tensive rum running ring between Chicago and here was uncovered, Winkler said. Those for whom indictments are sought are “strung between here and Chicago,” Winkler said. The grand jury will report SaturI day before Federal Judge Robert C. Baltzell, it was indicated. Indictments are sought against sixteen local alleged liquor ring conspirators arrested last week. Nearly two hundred persons in the State and Chicago will be indicted for liquor law violations, it is believed.

Assembly Today

Both houses convened at 10 a. m.. adjourned at noon and reconvened at 2 p. m. SENATE Received Dearth impeachment proceeding from House managers. Passed Jeffersonville bridge bill. Two-cent tax levy for State schools special business for 3 p. m. HOUSE OF REPRESENTATIVES Recodiflcation of election laws on second reading. Indianapolis corporation counsel salary increase considered. Harlan Senate bill, permitting public service commission to investigate expenses of a utility company in fixing its rates, to be * considered. Budget bill up for concurrence in Senate amendments. Senate Barrett law “grab” bill passed. MAN FACES FLOGGING Bu United Press EASTON. Md., March 4.—For the first time since Civil War days, the Talbot County jail here .holds a prisoner awaiting a public flogging. Lee Donnelly, an oysterman and fisherman of Tilghman, has been sentenced to receive ten lashes for beating his wife. SUICIDE WAVE SPREADS Bu United Press CAMBRIDGE, England, March 4. —The American student suicide movement reached England today, Mervyn Rees-Davies, 21, Cambridge under-graduate and only son of Sir Colin Rees-Davies, was found today hanging in his room at the University.

INDIANAPOLIS, FRIDAY, MARCH 4, 1927

BABIES DIED BY MISTAKE OF PSES Three Admit Giving Boric Acid by Error—Death List Reaches Six. PHYSICIAN WILL QUIT Aid of Chicago Coroner Deemed Negligent. Bu United Press CHICAGO, March 4. Three student nurses have been suspended and one physician has been asked to resign, because of the fatal error in a local hospital m&iSrnity ward that esulted in the death of six infants and dangerous illness of another. The children died as a result of boric acid poisoning, given accidentally. In addition to the five infants who died suddenly Wednesday—all within an hour of each other—Baby Johnson, 14 days old, died today. Baby Gibbons, suffering from poisoning, is not expected to live. Misses Margaret CuXT, Aileen Callahan and Irene Schw-artz —all training for nurses—have admitted they administered the poison through error, according to testimony. They said it was customary to prepare the acid solution in a kettle of hot water which usually was marked “poison.” Saturday night the kettle was not marked and the solution was mistaken for distilled water and was given internally to the ten babies. The three were released pending outcome of the inquest and post-mortem. The three are under suspension and overwroughV with grief as a result of their error. The coroner’s physician asked to resign is Dr. Zan Kooper who failed to find traces of poisoning when he was first called to the hospital following announcement of the deaths. He sai<\ he would resign immediately. Mothers of several of the children still are in the hospital and as far as possible the full details of the deaths of the Infants and being kept from them. One of the children was born out of wedlock and its mother has left. Two different families were making attempts to adopt the child, when it died suddenly. AUTO INDUSTRY GROWS General Business Here Shows Increase Over Last Year. An increase in the automobile industry and allied activities has resulted in 4.3 per cent more people being employed here ‘during January, 1927, than in January, 1926, according to a survey, based on twenty different industries, completed by the manufacturers’ division of the Chamber of Commerce under the direction of Fred B. Bakemann. Wholesale and retail business volume also showed an Increase, as well as banking, postoffice receipts, aind new buildings. A slight decrease was shown in railroad car loadings. Business as a whole increased over a corresponding period last year. The survey will be issued monthly. SECRETARY HOOVER HIT Senator Neely Charges Political Move Blocks Immigration Law. Bu United Press WASHINGTON, March 4.—Secretary of Commerce Hoover was charged with ‘negotiating with foreign groups in this country to kill the immigration law so that they will vote the Republican ticket in the next election” in the Senate today by Senator Neely (Dem.), West Virginia. “It 's clear,” he declared, “that somebody is trying to destroy immigration law.” Previously he charged President Coolidge was “mistaken” when he reported to the Senate yesterday that there had been no experts’ report on the national origin feature of the immigration law. Neely claimed to have a copy of such a report. TRUCK INJURES MAN Alden B. Hattery, 50, of 1118 Healing Ave., was injured today by a truck in an alley in the rear of 32 W. Waashington St. Mattery was taken to the Methodist Hospital where his injuries were said to be slight. ISSUES APARTMENT PERMIT A permit to build a $55,000 twentyeight family apartment house, with a fifteen-car garage attached, at 3510 N. Pennsylvania St., was issued to H. G. Dollman, 1003 Meridian Bldg., today by Bert M. Westover, building commissioner. The park board apjroved the plans before the permit was issued.

BASKETBALL CLASSICS START OVER INDIANA

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Muncie, Castleton center, (right), Jumping agafnst Becker, New Bethel center, in the first play of the first game in the Indianapolis sectional tburnainent at the State fairgrounds today. Referee Jensen is shown in the foreground. New Bethel singed a last half rally to win the game, 24-19. Picture by Ernest T. Pearson, Times staff photographer.

The greatest Hoosier interscholastic sporting event of the year —the State high school basketball championship tournaments got away to an auspicious start today in sectional centers. Seven hundred and thirty-one teams entered the tournament this year and were assigned to different sectionals. In all cases the sectional champion will be decided Saturday night. There are sixty-four sectionals, some of which do not start until tonight. The winner from each sectional will go to one of sixteen different regionals, next Saturday, March 12.

Details of play in the Indianapolis sectional and scores from the other sectionals are printed on the sport pages of this issue.

A week later March 18 and 19, the sixteen regional winners, or finalists, come to Indianapolis for the State final meet, the winner being decided on Saturday night, March 19. Saturday night. The Indianapolis sectional tourney started at 9 o’clock this morning at the Exposition Bldg., Indiana State Fairground; the site of the State final meet. Sixteen teams are in the local tourney. Other large tournaments are those at Evansville, Winchester, Clinton, Franklin, Bedford, Greensburg, Jeffersonville, Lafayette, Milford, Richmond, Rochester, Shelbyvilie and Terre Haute. W'aving streamers, enthusiastic rooting and near-spring sunshine made an inspiring background for the players. An hour before the game started, slightly shivering, but peppy spectators arrived by auto, street car and bus. The liveliest crowd ar-

Outside of Marlon County 12 Cents Per Week. Single Copies

rived in a truck houling forty-four students from Castleton ten minutes before the first game was called. Evely.i Elliot and Lola Tinder led the Castleton High School yell, “Give ’em the blue, blue, blue; the white, white, white. Come on, Castleton, let’s fight, fight, fight.” Colorful Caps New Bethel students, whose team met Castleton. wore colorful caps and streamers of crepe paper. Broad Ripple students went in for decorative hats, and Miss Anna Marie Dungan and Charlotte Mohr had novel headgear. Thousands of “hot dogs” went into sandwiches, which were piled on lunch counters along the walls. Pop, peanuts, apples and popcorn also were in evidence. One of the most hectic sectionals will be staged at Bloomington, where Martinsville and Bloomington are doped to meet in the final game Saturday night. Bedford, another favorite to play in the State final meet, will encounter no little trouble from the Mitchell Bluejackets in the Bedford sectional. The winner of the Indianapolis sectional tournament will compete in the Anderson regional, meeting the winner of the Anderson section al Saturday afternoon, March 12. The final games of the regional tourneys are to be played Saturday night, March 12, Should the winner of the Indianapolis sectional win the regional tournament and come to the State final meet they would meet the win ner of the Muncie regional In the first game. FIFTEEN INDICTMENT* Fifteen indictments and three discharges were returned today by the Marion grand jury to Criminal Court Judge James A. Collins. The indictments charged a series of offenses with auto theft and liquor law violations, leading the list.

THREE CENTS

Next Step in Impeachment Up to Lieutenant Governor Van Orman, Who Receives House Papers. JUDGE PLANS FIGHT IN COURT Secretary of Senate Required by Lav/ to Serve Notice of Filing. Formal articles of impeachment against Judge Clarence W. Dearth of Muncie were filed with the Indiana Senate at noon today by the board of managers elected by the House of Representatives, which voted 93 to 1 for the impeachment. The grounds of impeachment are listed under seven formal charges, based upon the petition charging Judge Dearth with invading the Constitutional guarantee of freedom of the press and with irregular handling of juries.

At the noon recess the House board of managers, took the charges against Dearth to Governor Ed Jackson. Jackson said he would consider them and ask Attorney General Arthur L. Gilliom’s advice as legal adviser of the State before deciding what action to take. Gilliom ruled that the 1897 law on which the impeachment is based is unconstitutional and that the State Supreme Court, not tile legislature, has the power to impeach Judges. The next step waits upon a decision of Lieutenant Governor F. Harold Van Orman as to what will be done with them. He did not announce what point he was to decide, but no service of a copy upon Judge Dearth will be made by the secretary of the Senate until he does make this decision, probably late Friday. The board of managers went in a body to the State Senate with the formal charges. McKesson Speaks Representative Delph McKesson, as chairman of the board, was recognized by Van Orman and stated that he desired, on behalf of tha managers, to present certain documents in connection with the impeachmert of Judge Dearth. He then handed the articles and a copy of the record of the House action to Van Orman. The .documents were immediately ■given to the reading clerk and read in full. There was deep silence in the Senate chamber as the formal indictment was made. At the conclusion of the reading, Van Orman said: “As this matter is most important, your president will not at this time comment further, until the exact statute has been looked up, digested and analyzed. I will give my decision later In the day.” Fitch Makes Speech Immediately Senator Monroe Fitch of Delaware County arose on. a matter of personal privilege. At his side sat A1 A. Bingham, prominent attorney, and Ray Garland of the Elks Club of Muncie. Senator Fitch had prepared his remarks and read them. As he did so, his hand trembled violently and once during the reading, he was compelled to stop until he had recovered his notes from his desk. The speach of Senator Fitch, a defense of the citizenship of Muncie, did not discuss the guilt or Innocence of Judge Dearth and made no comment upon the proceedings. He asked that the people have faith In the citizenship of Muncie and declared that “the good men and women, who constitute the vast majority of our citizens do not wish to be judged by the malfeasances and delinquencies of the few.” The remarks of Senator Fitch concluded the matter. No further action will be take nuntil Van Orman decides what procedure he will advise. Nejdl Called to Rostrum While the impeachment charges were being made, Van Orman called Senator James Nejdl to the rostrum for consultation. Suspension Automatic Under the law upon which the impeachment wa3 voted, the filing of these articles of Impeachment would automatically suspend Judge (Turn to Page 15) FOOT FROM INDIANA Dale Says He Will Return When Judge Is Removed. Bu United Press UNION CITY, Ohio, March 4. George R. Dale, Muncie editor, standing within a foot of the Indiana boundary line here today, “looking into the promised land,” announced that he would enter Indiana whenever Judge Clarence W. Dearth is removed from the bench of the Delaware Circuit Court. Impeachment of Judge Dearth Wednesday in the House of Representatives gives Dale hope, he said, of "returning to Muncie without being hurled bodily into Jail.” Dale war arrested at Ft, Recovery, Ohio, this week on a criminal libel charge as a result of an article in his Muncie Post-Democrat attacking Judge Dearth. Dale has stayed in Ohio, fighting extradition and editing his Muncie paper from an office in Ft. Recovery. HOURLY TEMPERATURES * a. m 24 10 a. nd 84 7 *- m 25 11 a. M

Forecast Fair tonij?lit and probably Saturday; unsettled by Saturday night; rising temperature; lowest tonight 30 to 35.

TWO CENTS

MARION COUNTY

Text of Articles of Impeachment

Text of the articles of impeachmont filed by House managers against Circuit Judge Clarence W. Dearth in the Senate today; The said Clarence W. Dearth, judge of the Forty-Sixth Judicial Circuit of the State of Indiana, having been elected to the office of judge of the Delaware Circuit Court, the same being the Forty-Sixth Judicial Circuit of the state of Indiana, and having duly qualified and l>een commissioned on the day of 19 and while acting ns the circuit Judge for the said Forty-Sixth Judicial Circuit, and and on divers and various occasions, eo abuse the powers of his high oflko that he Is hereby charged with corruption and other high crime, whereby he hns brought the administration of Justice In the said Forty-Sixth Judicial Circuit of the State of Indiana of which he Is judge into dis(Turn to Page 21) WINDOW WASHER FM DEATH Forest Lowe, 30, Fatally Hurt at Illinois Bldg. Forest Lowe, 80, of 620 N. Alabama St., a window washer, w; s injured fatally today when he fc ) two stories at the Illinois Bldg., Illinois® and Market Sts. Lowe suffered a fractured s’ ull and body bruises. He died at the Methodist Hospital at 11:45 a. m. Dr. A. K. Harcourt, 812 Chamber of Commerce Bldg., gave first aid. Lowe fell on his head and shoulders, according to a woman who witnessed the tragedy. Although r i one could be found who saw Lowe full, it was believed he backed off a scaffold. It was said he might been attracted by an unusual noise shortly before the accident. Sergt. John Richter said Lowe was working on a second-story window of Murphy’s variety store on the Market St. side about 8:25 a. m. G. I. Voss. Illinois building manager, accompanied Lowe to the hospital. Lowe Is married, but has no children, it is said. to considerTaxTlevy IX‘signed to Raise Funds for Schools of Higher Learning Indiana Senators this afternoon will consider the proposed 2-ccnt tax levy to raise funds for improvement and expansion of the Indiana institutions of higher learning. The levy Is to become effective in 1928 over a ten-year period under provisions of the bill already passed by the House. It was made a matter of special business on second reading in the Senate this afternoon. Coolidge, Hindenburg Exchange Greetings Bu United Press WASHINGTON, March 4.-—Presi dent Coolidge today exchanged greetings with President Von HJndenburg of Germany, over opening of the new Emden cable directory connecting the United States and Germany. The new link open direct service between the two nations for the first time since the war, TAX WARNING Bu Unit"! Press WASHINGTON, March 4.—As heavy Income taxes poured Into the treasury today, the Bureau of Internal Revenue warned that all tax returns must be filed prior to midnight, March 15, to avoid a penalty of 25 per cent adder] taxes.

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