Indianapolis Times, Volume 39, Number 116, Indianapolis, Marion County, 23 September 1927 — Page 4

PAGE 4

SCKIPPJ-MOWAMD

The Duvall Verdict

Now it is a jury which says that Mayor John L. Duvall is guilty of political corruption and must spend some time in jail as a punishment for his crimes. The people of the State have known it for months, ever since in fact The Times began its exposure of the influences and the forces which had taken over the government, and made the name of Indiana a mockery and a by-word. Those influences were born in an era of hideous hate, and fed upon the masked secrecy which was their emblem. Super government was their purpose. To accomplish it, they set aside the laws and the safeguards established in the past for the protection of liberty and justice. The contest between law and the constituted authorities on the one side, and the invisible empire these influences had created on the other was the inevitable conflict between -representative government and supergovernment. Once more it is demonstrated that the heart of Indiana beats true, and that it can be depended upon to maintain the faith when it knows the truth. The conviction of Mayor Duvall is more than the downfall of a man. It is the collapse of a gigantic conspiracy to take over the people’s government and to discard the Constitution. Were it hut John L. Duvall who is concerned, there might be and would be pity for a weak man who may have been tempted by his ambitions to forsake the path of honor for one of crime. nothing more accomplished than merely putting one man in jail, the verdict would be meaningless. Putting men in jail is merely the stupid but the only way that society has had of protecting itself and its institutions. Were that all, nothing has been done. For unless the verdict means that there is once again a courage and a conscience that are alert, awakened and watchful, ready to defend the sacredness of the ballot as the one defense of justice and of law, it is a trivial thing and worthless. Asa symbol of an aroused conscience, it means everything. One year ago, Duvall became the first open target of the blasts of D. C. Stephenson, who from his prison cell protested that he had and could reveal prbofs of political corruption. There were denials then that there had been any corruption. The entire machinery of government declared that the charge was slander. When The Times demanded an investigation, the answer, not from Duvall but from more powerful men than he, was that this was a scandalous newspaper, intent on besmirching the mighty and the fine for its own purposes. Day after day for a year, against the most powerful influences and the greatest of obstacles, The Times dug beneath the surface and produced the evidence that Stephenson had said he could reveal, but which he withheld in the hope that those with whom he had conspired would open the prison doors as the price of silence. Two grand juries failed, not for lack of evidence but because of sinister conditions which surrounded their deliberations. The system of which Duvall was both a part and a tool used the powers of government to suppress and to protect. Witnesses disclosed by The Times were hurried from the State. There were stealthy bargains and men who could tell went into hiding. The law was flaunted. The machine/ry of (he courts was clogged. It can not be said that those who defended Duvall did so in ignorance of the facts and the truth. The conviction of Duvall is an indictment of the majority membership of the last Legislature, and of the Governor. For in his heyday of disrepute the Legislature, with the approval of the Governor, passed a law which prevented the citizens of Indianapolis from freeing themselves by the one way) then open, the changing of the system to that of City Manager. When the Legislature extended the term of Duvall and took from the people this weapon, they became his partners in the conspiracy to rule Indianapojis against its will. The awakening has come. It will be a shameful thing if Duvall, or those who may inherit power through him, are permitted to continue to rule this city. For they do rule it instead of serving it. # The conviction of Duvall means that we have no regularly constituted government in Indianapolis. That can be the only fair inference. The crime for which he stands convicted was that of polluting the source of his own power. He obtained the office by means which the jury says were crimes. He violated the laws to overthrow the people’s will. To permit him to remain in. office or to per-

The Indianapolis Times \ (A SCRIPPS-HOWARD NEWSPAPER) Owned and published dally (except Sunday) by The Indianapolis Times Publishing Cos.. 314-220 W. Maryland Street. Indianapolis, Ind. Price In Marlon CoJnty. 2 cents —lO cents a s week; elsewhere, 3 cents—l 2 cents a week. BOYD GURLEY. ROY W. HOWARD. W. A. MAYBORN, Editor. President. Business Manager. PHONE—MAIN 3500. FRIDAY. SEPT. 33, 1827. Member of United Presa. Scrlpps-Howard Newspaper Alliance. Newspaper Enterprise Association. Newspaper Information Service and Audit Bureau of Circulations. “Give Light and the People Will Find Their Own Way "—Dante.

mit those he might name*to keep the office he obtained by crime is unthinkable. The time has come for the real citizenship to assert itself. A demand that the Legislature meet at once and repeal the law under which it gave to Duvall a legal barrier against the people’s wrath should be made at once. The Governor, now, can hardly rfefuse such a demand. Every city civic organization, every organized group of citizens, should at once call upon the Governor to issue that call for the special session at once. He is not in position, now, to refuse a demand. For the truth, as it is revealed by the verdict, is that Indianapolis has no regularly constituted government, o government which is the result of the people’s untrammeled choice. Will the people calmly permit their government to remain in the hands of interlopers, who obtained their offices by crime? Putting Duvall in jail and letting the office of mayor go to someone of his selection is absurd. The time has come for the people to take over their own government and wrest it from those who obtained it by crime and violation of law. It would be even greater pity if nothing more happened than to turn the attention of voters fiom one party to another. This is not a partisan matter. It so happens that those who have been involved are Republicans. But it is also true that the Democratic party has failed in courage at a crucial time. Were nothing more to happen than to turn the government from a party which was kidnapped to one which had not even the vitality to protest, there would be no victory. Killing the Goose A nation-wide attempt by big public utility companies appears to be gaining headway to use the federal courts to change the whole basis of ratefixing by state commissions. They would substitute the “cost-of-reproduction” doctrine for the old "historical cost” method „of determining rates, the one in vogue for years by progressive states. Under the change rates would be fixed, not on the actual investment, but on the current value of a utility corporation’s property. Because many of the railroads and other utility companies got subsidies and built up their properties in the low-price period the change would add from 50 to 80 per cent to the rate-oase. "In case of the / privately-owned railroads and utilities the current cost of reproduction doctrine would probably increase the public burden by upwards of $30,000,000,000,” wrote Interstate Commerce Commissioner Eastman in a recent decision. A warning is timely. Rat i regulation will never stand up under such an abuse. If the new doctrine is forced upon the states by the courts, state regulatory bodies will be unable to protect the consumers. They might as well shut up shop and allow the utilities to go the limit. If they do there are only two alternatives—a return to the old all-the-trafflc-will-bear days, or public ownership. "If utilities are to receive rates based upon presentday property values it means substantially higher rates and, all too likely, the disintegration of the system of regulation,” Railroad Commissioner William J. Carr of California, recently told a convention of gas companies. “Then what? It requires no seer to forecast that if rates under the system of regulation go up as to yield a return on elements and a basis of value now being urged by certain utilities, public ownership will be given an Impetus which, perhaps, nothing else would give It.” Regulation has been kind to the utility companies, guaranteeing profits and often assisting in creating monopolies. Do they want their greed to kill the goose that has laid for them so many golden eggr? The $30,000,000,000 will be a costly price the consumers will pay for the new rate-fixing theories. It is likely to prove Just as costly to the utility companies in the end. About time for the tourists to come back for more money to spend in Europe next year. The farther along we go the more we begin to understand Just how “Lucky” Lindbergh was. A Chicago law dean says boxers are pious. But some of them have a wicked right. The Davis cup has gone to Prance. Oh, well, maybe some of the Legion boys could use it over there. What this country needs is a bigger navy to hunt aviators.

Law and Justice B; Oextur M. Keezer

A teamster and an automobile driver were engaged in a heated dispute as to which one had the right of way at a street intersection. Another man, described as somewhat "unbalanced” In his walk and apparently intoxicated, joined the argument and took the side of the teamster. He became so violently partisan that he struck the auto driver twice on the chest. The automobile driver retaliated with a blow on the side of the face which felled the man, and ultimatelyjesulted in his death. Tha-auto driver was convicted of assault and battery resulting in death, but appealed on the ground that the blow had been struck in self-defense. The prosecuting- attorneys contended that the auto driver’s claim of self-de-fense should not be sustained because he had not sought to avoid combat with the intoxicated man and because there was no evidence that he was in serious danger of great bodily injury. HOW WOULD YOU DECIDE THIS CASE? The actual decision: The Supreme Judicial Court of Massachusetts sustained the conviction of the auto driver. It said that there was no evidence that he was in great danger and that “in such circumstances the right of self-defense does not accrue to the person assaulted until he has availed himself of all means In his power to decline the combat.”

THE INDIANAPOLIS TIMES

M. E. TRACY SAYS: It Is Not Going Too Far to Suspect This Degenerate Exhibition (Dempsey - Tunney Fight) Caused, the American People to Part With Money Voluntarily Than They Did for the Relief of the Mississippi Flood Sufferers.

Whether measured in terms of cash or public interest, the Demp-sey-Tunney fight was easily the biggest event since Lindbergh flew across the Atlantic. Seldom in the history of this country, if ever, have the American people talked mere, or spent more for an hour’s diversion. The $2,500,000 taken in at the gate represents but a fraction of the cost. Railroad fares, hotel bills and incidentals probably account for ten times as much. It is not going too far to suspect that this degenerate exhibition caused the American people to part with more money voluntarily than they did for tlje relief of Mississippi flood sufferers. Million in an Evening One does not need to belittle the art of boxing to realize that it has been carried to absurd extremes. In no other sport or profession can a man hope to make SI.OOtfOOO by a single evening's work. > The greatest of surgeons cannot do it, the greatest of singers cannot do it, the greatest of statesmen cannot do it. 'Gloomy Dean’ Speaks Dean Inge is bound to be gloomy. Having painted England out of the picture he now turns his blue glasses on democracy, which he feels, is foredoomed to failure, won’t last a century, and never should have been brought into existence because of its absurd foundations. The voice of the people, he contends, is not necessarily the voice of God, and he reminds his readers that the people once cried “Crucify Him.” "Democracy in America,” he says, “may mean anything, or nothing at all, which makes it an excellent slogan.” Doesn’t Know Subject Whatever the dean may know about democracy, in England he obviously knows very little about it in this republic. So far as this republic is concerned, it never has claimed to be a democracy. It affords the people an opportunity to express themselves, but not without reasonable limitation. It is, in all essentials, a representative government. Trifling With Danger Dr. Benjamin Frenkel dies in poverty &t 41. Ten years ago he was a successful physician in New York. Drugs undermined his health and his career. It is curious what havoc drugs can raise with us poor mortals, especially even those who ought to know better. We commonly blame ignorance for their ravages, but the De Quincys and De Maupassants disprove this theory. Curiosity often persuades intelligence to trifle with things that it knows to be dangerous. Uncontrolled Appetites One of the most brilliant physicians I ever knew died a sudden and horrible death because he could not control his appetite for drugs. Having lost his hyperdermic one day, he used an old, rusty horse syringe rather than take the time to go to a drug store, which was within twenty blocks. The result was lockjaw. Wrong Education System Life is a long, long road. No one can tell where it will end because of what it looks like in the middle. According to statistics compiled by a life insurance company of 100 men who held good jobs at 35, one will become rich, four ’ViU become well-to-do, thirty will become independent and sixty-five will have to look to their relatives for support in old age. The greatest fault with our educational system consists in the idea that the individual is guaranteed something by finishing high school or college. Asc a matter of fact, he is guaranteed nothing. What he accomplishes and where he lands depends entirely on himself; and it depends all the way through. Eskimos Become Modern T. Dale Stewart, of the Smithsonian Institution, who has just returned from a summer’s exploration on Nunivak, island, off the Alaskan coast, says that the Eskimos rapidly are adopting modem ways and that it is not doing them much good. He says that he not only found canned milk, phonographs and face powder on the Island, but two radios and that shirts and trousers for men and mother hubbards for women are rapidly taking the place of fur garments. What is more significant, he says that the birth rate is falling, while the death rate is increasing. Changed by Civilization Civilization involves changes in people as well as in method. We would find it very difficult to live like cavemen, and they would find it just as difficult to live like us. Inventions and discoveries react on human capacity and human character. Men lose faculties by disuse. Steam heated houses make them susceptible to colds, and riding in motor vehicles weakens their legs. When their stomachs become accustomed to new foods they cease to thrive on old ones.

msUl EVERY YBAR'I BOY In a COAL 1 HAVE to ' l f :s£§l|S= Dl© DEEPeR / r ! S

Gustaf Erickson Gave Up His Son When He Thought Norman Was Yellow Piker and Even A Bit Worse WALTER D. HICKMAN

Was Norman Erickson a “yellow piker” and a sea coward V The verdict of Norman's “Viking” dad, Gustaf. was in the affirmative and the old man “died wtt” still believing that Norman was a coward and then some. Old Man Erickson was a true Viking, although he wound up his career running a fishing Ijoat on Lake Michigan. He could not understand why his son liked to put on an apron and help his mother about the kitchen. Norman did not like the lake. He backed away from it and refused to be a fishing partner of his dad. His dad was a strong man, even c.uel in his way and the old man increased the fear of the lake and the sea in Norman by continually laying stress upon the inborn fear. You will meet Old Gustaf and Norman in “The Marked Man,” by Karl W. Detzer, published by the Bobbs-Meddfll Company of this city. As far as I am concerned, Detzer is anew author in my experience, but I had not read three chapters of this book that I was convinced that Detzer knows the drama, the fears, the hopes and atl life around Lake Michigan and the Great Lakes. Years years ago, when I was a mere lad on my first trip to Chicago with my parents, I ruined a fine lake excursion for the senior

Constitution’s Framers Overcame Numerous Defeats

This article, the eleventh In Mr. Atwood's series, relates sublime Incidents In the Constitution's framing. Tomorrow'3 concluding article wIU be: General Provision; of the Constitution. BY HARRY ATWOOD President Constitution Anniversary Association. Just before leaving Mount Vernon to attend the convention, Washington wrote a letter to James Madison in which he said: “My wish is that the convention may adopt no temporizing expedients, but probe the defects of the Constitution to the bottom and provide a radical cure, whether agreed to or not. A conduct of this kind will stamp wisdera and dignity on their proceedings, and hold up a light which sooner or later will have its influence.” Washington’s Ideal During an informal discussion, one of the delegates suggested in substance that it would be necessary to incorporate in the Constitution some popular fallacies in which they did not believe in order to secure the adoption of the Constitution and attempt to gratify popular clamor- When Washington heard that unworthy suggestions of expediency, he replied: “It is too probable that no plan we propose will be adopted. Perhaps another dreadful conflict is to be sustained. If, to please the people, we offer what we ourselves disapprove, how can we afterward defend our work? Let us raise a standard to which the wise and honest can repair; the event is in the hand of God.” Those two expressions of Washington, “hold up a light” and “raise a standard,” did much to fix the high plane of thought and the sensible method of discussion wliich characterized the proceedings of the convention. The delegates worked dilligently for five weeks without agreeing upon a single sentence, so anxious were they to excel in thought and sionA remarkable scene occurred on June 28, the last day of the fifth week of the convention, when in the midst of a rather heated discussion and sharp disagreement, the future looked especially discouraging. Washington, his face white with anxiety, looked down on Benjamin Franklin, whom he doubtless hoped might say something that would bring harmony to the proceedings. Franklin rose and made an appeal to the convention of, which the following are brief excerpts: “The small progress we have made after four or five weeks close attendance and' continual reasonings with each other Is, methinks, a mel-. ancholy proof of the imperfection of the human understanding.” “We have gone back to ancient history for models of government. . | , And we have viewed modem

That Sad Old Refrain Again

’members of the family by firmly balking on taking such a trip. A little red apple fondly tendered by my father refused to erase my fears of the lake and then an intimate contact with my father’s hand applied to what is now properly called my trousers, increased my fear of the lake. So I feel that I can appreciate.ln sonie small way the feeling of Norman for the lake. Fear is of a different variety. Fear even makes some criminals appear brave and fear can make a strong man a weakling. Detzer knows all of these various forms of fear as applied to those who work Lake Michigan, both in boats and in the lighthouses as well as the coast guard. One gets mighty close to the character! in this story and there are many. They all seem to actually walk, talk and live as they would if they were not on a printed page. It is my verdict that Norman was not a coward but he had not only to fight his mental fear put had to prove to many people that he was brave in the way they understood the term. It is the way that the author presents the mental elimination of fear in Norman that causes “The Masked Man” to become an unusual book. I am personally that there is at least one modern writer who

states all around Europe, but find none of their constitutions suitable to our circumstances.” “How has it happened that we have not hitherto once thought of humbly applying to the Father of lights to illuminate our understandings? . . “I have lived, sir, a long time, and the longer I live, the more convincing proofs I see of this truth,,— that God governs in the affairs of men. And if a sparrow can not fall to the ground without His notice, is it probable that an empire can rise without His aid? “I therefore beg leave to move —that henceforth prayers imploring the assistance of heaven, and its 'blessings on our deliberations, be held in this assembly every morning before we proceed to business. . . .” Has Intended Effect The motion did not carry, but it seemed to lend a wholesome effect, and from that time real progress was made in the convention. After more than four months of earnest, intelligent and highly pur-

(Manchester Herald) (Republican) Start talking, keep on talking and shouting if necessary against the old order of Republican politics in Indiana. It is up to us—the voters. We Talk, have been feeding the present gang of _ the State long enough and It’s time lalk, to call quits. Talk! The whole elaborate system that has been built up is rotten. It’s a t disgrace to Indiana. Jackson, Schortemeier, Watson, Robinson and all the rest have signed their political death warrant—it’s up to us to serve it and it should be served so that their is no possibility of any of them coming to life again so far as the choice of the voters In this State is concerned. Talk, Talk, Talk against the present Republican regime in (Nashville Republican) v (Republican) A group of Indiana Republican newspaper publishers issued a manifesto calling for the restoration of constitutional government in Indianapolis Thursday. They called attention to the progress The that had been made my this group p . , since one year ago last July when an Reople s effort was made to interest Indiana Fight public officials in the political corruption that had been found to exist in the State. They condemned super government in whatever form it may appear—any organized minority that endeavors to subvert constitutional government to gain its own selfish ends. The publishers rightfully contended that evidence of bribery and corruption that had been brought to light in the present investigation disclosed that con-

can talk the language of the Great Lakes. Here is a most human field, an era of life that produces both strong and weak men. From a construction standpoint, “The Marked Man” is splendidly done. The truth is that it is mighty good literary theater, i am sure that I will not forget Norman Erickson. Really, I feel that I could call him a friend. The love element is strikingly clean in this story—two gills, one of the lake and the other of the land. What happens to these two girls forms one of the outstanding features of the story. Meet Norman Erickson—you will like him tremendously. Indianapolis theaters today offer; “Gentlemen Prefer Blondes” at the Colonial; Fulton and Parker at the Lyric; Florence ODenishawn at Keith’s; "Kandy Kids” at the Mutual; Charlie Davis at the Indiana; "Beau Geste” at the Circle; “The Modem Youth” at the Isis; “Service for Ladies” at the Rivoli; “Madame Pompadour” at the Ohio; “Hula" at the Apollo. Theaters changing their bills Saturday are: “Hard Boiled Haggerty” at the Indiana; “What Price Glory?” at the Circle; Hoot Gibson in “A Beggar on Horseback" at the Rivoli, and “The Blood Ship” at the Ohio.

poseful discussion, the Constitution was gradually molded into form and ready for signature on Sept. 17. Some of the delegates were hesitant about putting their signature on the Constitution. Franklin was anxious because of the numerous objections made by those who did not approve the document, but when a sufficient number had signed to submit it to the States in convention assembled for ratification, his old wrinkled face broke into a smile, and he said: “Often and often, in the course of the sessions of this convention, and the vicissitudes of my hopes and fears as to Its issue, I have looked at that painted sun back of Washington and wonderea what it meant. They tell me that an artist has great difficulty in making a distinction between a rising and a setting sun, but now at length I have the happiness to know that it is a rising and not a setting sun.” From that day to the present time, the Constitution has “held up a light,” served as a standard, and radiated the rays of hope and progress over all the world.

What Other Editors Think

Why the Weather?

GETTING A LINE ON LINESQUALLS The occurrence of a line squall is marked by the passage of a wedgeshaped mass of cold air, known as the “cold front." A vertical section through the forward portion of this mass has the outline of s very narnow V, lying on its side, with the point of the V forward. In England, where line-squalls have been studied more thoroughly than anywhere else In the world, the following experiment lately has been carried out: Instruments for recording temperature were installed at several heights on a number of tall wireless masts. The highest records were 300 feet above the ground. When a line-squall, with its mass of cold air, passed over the masts, the fall in temperature was recorded first by the highest instruments, and then at successively lower levels down to the ground. As the records showed the time time cold air reached the different levels, and as the speed with which the storm traveled was known from the readings of wind instruments, it was easy to determine the inclination of the lower surface of the a edge. This was found to be very gradual, making an angle with the ground of only a degree or so. (AH rights reserved, Science Service, Inc.)

Times Readers Voice Views

Dear Editor: Last night after playing chess with the champion of Texas, I was very tired. I partook of two cups of black coffee, sardines and cold slaw and went to bed at 12 o’clock. About 2 o’clock the Devil appeared, woke me poking me with a fountain pen of immense size filled with a red fluid. In flaming letters he wrote the following which I found by the side of my bed. “Indiana Hoosier State, Birthplace of Political hate. Elect you today—impeach you tomorrow, First bring joy—then hell and sorrow. Put you in office with praises stale Jerk you back out, throw you in jail. Os all the troubles that could happen to me, Would be elected Governor of In-di-an-ee. * Hell with all its powers to damn, Can not add one curse to a Hoosier' lamb. WARWICK H. RIPLEY. S

Thumb-Nail Sketches

Rickety, bangety, bump! One way - of keeping up circulation on coldl' December days, is to ride in an old* Ford, minus a couple of tires, and a* few other accesories, from ’waut down in Kentucky to Colored Jim and his three littl™ chocolate - hued girls literally' bounced all the way from that dis-f mal home in Kentucky the mother had already deserted, to Indianap-* olis, where Jim had been promised: work. But it never materialized. It* had taken him too long to get here,: and another man had it when he; arrived. Three little girls to look after, no job, lonesome, weary, cold* and heartsick. He tramped the streets looking* for work. During his long daily ab-. sences, a widow with whom he had!) bargained for a room, kept his chil-* dren. He returned one day to findt that the house had burned, and with; it one of his small daughters. Itwas a calamity he had not the cour- * age to face. He fled away with the’ remaining two to a little shack, re-* fusing to leave them for a moment.; Social workers heard of them and; found them huddled together for* warmth, undernourished and un-; kempt. There was a way out for Jim,' though. Through the Flanner House, , an institution for the benefit and', privilege of the colored, a job was* found for Jim as a hospital Janitor.' He has bucked up, is making money, able to keep his little girls well dressed and happy. He leaves them at the Flanner House day nursery and kindergarten every morning, calling for them when he goes home to his clean rooms near there every night. He Is no longer a public charge. He owes it to YOUR COMMUNITY FUND. How old are Jack Sharkey Pete Latzo? Are they Americans? Sharkey was born Oct. 6, 1902 at Binghamton, N. Y. He is of Lithuanian descent. Pete Latzo was bom Aug. 1, 1902, and his nationality is Slovak.

stitutional government had been set aside and that the people of Indiana should be aroused to the true situation. The publishers endeavored to show that it was not their fight, but the battle of the people, and that they should be aroused over the matter. It may be Justly said that the people' themselves i\re at fault for electing to office men who have no conscious regarding their obligations to the electorate, but seek only to advance the interests of the small group which brought about their election. The parting of the way is very near in Indiana, as has been shown by recent revelations in the courts. If the people are not concerned about these revelations and do not assert themselves when the opportunity comes, they do not deserve any better treatment than they have received at the hands of the corrupt politicians. (St. Louis Star) (Republican) What really seems to have happened when the head of the Indiana Anti-Saloon League talked with Senators Watson and Robinson about the prospective , jail sentence was that the head of the Light on league told the two Senators the counthp Ttirlintin tr y needed rain. They replied that me inaiana Washlngton ls a city of magniflcent < Mess distances, and then Boss Shumaker re- • torted by saying that love is the greatest thing in the world. If the Supreme Court was referred to in any way it was merely mentioned that It is the court of highest resort established by the Consti- and tution. Just then one of the conferees, it doesn’t mat- ™ ter who, stated that Indiana is the largest laundry In the American galaxy of States and handles the most dirty linen in a given amount of time. Then Senator Watson or Senator Robinson or Boss Shumaker remarked sententlously, “London bridge is falling down" and the conference broke up.

SEPT. 23,1927

Bv Charles Fitzhugh Talman Authority on Meteorology