Indianapolis Times, Volume 39, Number 117, Indianapolis, Marion County, 24 September 1927 — Page 4

PAGE 4

-HOW A!ID

May His Smile Remain The most colorful figure in the public life of Indiana has obeyed the voice of the Great Prompter and stepped from the stage of human activities forever. Lew Shank is gone. To thousands there will be more than thfc mourning for a man who played a rather large part in public life. They will miss him as a part of their own lives, the man whose perpetual good humor, whose keen perceptions, whose keener epigrams could always be relied upon to illumine, with a smile, the problems of public import. His name will be spoken softly as one who had drawn to himself an affection not based upon position and prominence but upcn a sympathy with the sentiments of the vast majority. His was the genius which could turn an epithet of mockery into a slogan of loyalty. He thought with the majority. He put into words what others held in the hidden recesses of their minds. For years he has-been a factor in public life. His strength was in his ability to smile and fight at the same time. He did not yield to angers. , He saw through the shams and took a keen delight in exposing them. Twice he was chosen mayor of this city at times when his election seemed more than an improbability. His ambitions to be Governor of the State were wrecked upon hidden rocks whose strength he did not realize. But his fame did not rest upon his office nor his powers. It came from his own strong personality which radiated with good nature and with a keen eye for hypocrisy and sham. His smile and quip were more powerful than oratory, more persuasive than argument. His opponents, and lie had opponents rather than enemies, feared him for his good natured sarcasm* Something of color goes from public life in Indiana with the sudden passing of this character. The sun for many will shine today a little less brightly. To many there will be a moisture of aye and a tremble of voice as the stories, a thousand stories, are recalled of his varied and very active life. May that smile, which ever tolerantly beamed upon the foibles of his day and age, still beam beyond the skies.

The Real Clean-Up

Let, no one be mistaken as to the extent or the necessity of that “clean up in Indiana’’ which is now so generally demanded. It is not the ervolution of leadership in the Republican party, which happens to be dominant, that is alone demanded. It is the burnishing of public conscience on <!ie part of citizenship which will drive out the super government which has controlled our government and dictated to both parties, the one through favo-r and the other through fear. If the Republican party has lacked conscience, the Democratic party lias, lacked courage. The people now have a rather clear view, and will get a clearer one as the days pass, of v, hat has happened in this State. The attention of the voters has been turned away from the firm foundations of representative government and set men quarrelling with each other over hates and prejudices and bigotries!. Small groups, not representative of the real will of the people, have imposed their power upon officials. Not even the courts have been sacred.' For there is now the written admission of one United States Senator and his charge against his colleague, that fear of one group led them to plan and connive to turn the decisions of the high court into channels that would prove profitable freftn a political standpoint. Both the political parties must be shown that the people still believe in the Bill of Rights. Both must be represented in their candidates by those who have not only conscience but courage. If there have been crooks in one party, there have been cowards in the other.

Who Owns Panama Canal Zone? Ask ?ny one of our 115.000,000 Americans to what country belongs the Panama Canal Zone, and he’d say the United States, Dr. Eusebio Morales, Panama delegate to the League of Nations assembly at Geneva, however, claims Panama has sovereignty over the Canal Zone and suggests the dispute be settled by the world court. Whereupon dignified officials in Washington looked startled and made reply. Dispute? they asked. What dispute? There Is no dispute over the Canal Zone to settle. The United States is absolutely master there and that is that. However, we fear the matter Is not quite as easily disposed of as that. Unquestionably our intentions with regard to Panama are as clear as day. But for reasons more or less laudable, depending upon the way one looks at it, we did leave our status down there a bit hazy when it came to putting it to paper, f Our intention was to dig the canal, it was to be i

The Indianapolis Times (A SCRIPPS-HOWARD NEWSPAPER) % Owned and published dally (except Bunday> by The Indianapolis Times Publishing Cos.. 214-220 W. Maryland Street. Indianapolis. Ind. Price In Marlon County. 2 cents —lO cents a week; elsewhere. 3 cents—l 2 cents a week. BOYD GURLEY. ROY W. HOWARD. W. A. MAYBORN. Editor. President. Business Manager. PHONE—MAIN 3500. SATURDAY. SEPT. 24, 1927. Member of United Press, 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.

ours, in toto. We were to control it, absolutely, along the five miles of territory on each side. Over this we Were to be the undisputed master, while over the Republic of Panama we were to assume the role of protector. But intentions, a cynical saying has it, supply the best paving material for a certain well known place. Anyway such undoubtedly were ours. Unfortunately —or fortunately, as you will—we have a tradition. We never covet, annex or make protectorates of outside territory. Texas just sort of fell into our laps. We had a rumpus with the old sport. Santa Anna and after that Mexico insisted upon ceding us New Mexico, Utah, Nevada, California and part of Colorado. Similarly the Philippines came our way. And so on. Thus, when we negotiated the treaty with Panama in 1903, we had our tradition to live up to. We had to do what we had to do, of course, but it had to be done in a way which would not viols,te our own self esteem as a non-territory-grabbing, non-pro-tectorate-making nation. In short, we had to camouflage things. We did not specifically take ovgr the absolute ownership of the ten-mile-wide strip o'* land known as the Canal Zone, but the “use" of it in perp< luity. We did not specify in so many words that over that strip ours would be the sovereignty beyond question, but stipulated that we were to be in exclusive control of it, for police, Judicial and other purposes, as If we were sovereign. We did not say that Panama should become a protectorate of the United States, but we did say we would safeguard her independence and that In certain contingencies, we might even Intervene In Panaman affairs outside the Canal Zone. Os course It Is not difficult to see where the present trouble lies. There is a difference of opinion between Panamans and Americans over the treaty’s interpretation. If we, are not sovereign in the Canal Zone, then the Panamans must be. Or so they argue. Much has been made of the incident, both at home and abroad. Observers see signs of Latin America breaking away from the United States and turning to the League for support. There is no denying there is a tendency in Latin America to do that very thing, thanks to our diplomatic blundering of late, all the way from the Rio Grande to Cape Horn. But last minte dispatches from Panamn quote President Chiari as minimizing the incident and Intimating Panaman officials do not share Or. Morales’ alleged views. They consider the problem purely academic, it would appear, and one that can and will be settled between Panama and the United States direct, which indicates a commendably friendly spirit. There is reason to believe, therefore, that the molehill which has'been made to look like a mountain, will soon be itself again.

Philadelphia Lincoln Steffens once called Philadelphia "ccv.-upt and contented” and the label stuck. A terrible description of any city, but more so when applied to the city where the Liberty Bell rang its cal. to arms, the city where the Constitution and the Declaration of Independence were written, where the first Continental Congress assembled. Dominated by one of the most vicious political machines in America, Philadelphia, year after year, permitted this machine to flaunt the wishes of its citizenship and disregard the ballots of its voters. Its rulers were politicians who worked their way up from the ranks, stepping from one job to a better one with the mayoralty as one of the rewards for the most deserving. The height of the machine’s dictation was reached when last fall It elected William S. Vare to the United States Senate. But when it did that it forced national attention and shamed Philadelphians. An effort was made at the municipal election, Tuesday, to oust the Vare organization from Philadelphia' control. Vare and his henchmen laughed at the idea. But today they are taking stock of anew Philadelphia consciousness. Vare’s candidate for mayor won by a bare 73,971 in the primary. Their majorities used to be 250,000 and up. Philadelphia is awakening. Asking the Eternal Question A British traveler says that recently, when In the dominion of South Africa, a very old and very black Kaffir chief asked him: “Who’s that fellar, gov’ment, an’ why he take my money?” The old chap unwittingly asked the eternal question. Since man first began to set up forms of government, man has been asking that same thing. We have all been sure that nothing is certain In this world but death and taxes. The taxeater we have continually wtyh us. All our political squabbles, all our political parties, all our political battles are more or less based upon taxes. The “ins” want to continue to levy the taxes and spend them. The "outs” want to get in to do the same thing. And half the time the plain citizen wants to know what Is done with all the money. And often he gets no very good answer.

Law and Justice By Dexter M. Keezer

In making a contract to buy a pickle business, a man agreed to pay $2,500 on Oct. 1. He happened at noon on the appointed day with a certified check for $2,500. The man who was selling the business did not arrive until 5 o’clock, after the banks in the city were closed. He did not want to complete his agreement to sell the pickle business because it had increased greatly in value since the contract of sale was made. When the certified check was offered he refused to accept it and demanded cash. Cash was not obtainable so he asserted that the agreement to make the payment had not been complied with and refused to go through with the sale. The man who sought to buy the business sued him for breach of contract, contending that when he offered a certified check drawn on a nearby bank, he complied with the agreement to make the payment. " HOW WOULD YOU DECIDE THIS CASE? The actual decision: A United States Circuit Court of Appeals held that the agreement to make the payment had not been complied with. Ths court said that the seller had the right to insist on payment in legal tender and that a certified check did not answer this requirement.

THE INDIANAPOLIS TIMES

M. E. TRACY SAYS: No Shadow Boxer Ever Made a Million or Ever Will. Physical Combat Always Has Been the Most Intriguing Spectacle Life Affords.

Germany has developed r nercial flying to a higher point than any other nation. This is demonstrated by the type of passengers who were riding In the airplane that fell on Friday. I Ambassadors, bankers and railroad directors do not take conveyances that are considered unsafe. That, more than anything else, is the outstanding feature of the fatal crash. Commercial Flying Gains In spite of such tragedies as this, and In spite of the many more tragedies that occur in connection with useless stunts, commercial flying jSteadily is progressing. Assistant Secretary of Commerce McCracken announces the mail airways now open or soon to be opened in this country cover more than eleven thousand miles and that twenty-four lines are carrying mail, four of which are equipped '4 carry passengers. During the first half of this year American pilots flew more than twelve million miles. This does not Include test flights, races and stunts. Commercial flying, not only in America but in most other countries, has not only become impressively free from accidents, but is growing freer all the while. The shocking effect of the German accident consists mainly in the fact that It is one among very few. Want Calendar Change* When It meets in December, Congress will be asked to adopt the metric system and change the calendar. There is probably nothing Congress could do that would mean more by way of convenience to the American people. The calendar now in use is just a hodge-podge of irregularities and traditions. So, too, are the tables of weights and measures. With the metric system, which is based on a common unit and which is worked in decimals, the average child would be saved from six months to a year in his study of arithmetic. With a calendar year of thirteen months divided into four weeks each, every bank and business enterprise could cut its bookkeeping force by a definite percentage. Heroism Is Unnoticed The same day that Dempsey and Tunney pummeled each other to the tune of fifteen or twenty million dollars and to the delight of a radio audience that must have numbered 50,000,000 people, came the report that Prof. Adrian Stokes had died at Lagos, on the west coast of Africa. Professor Stokes was engaged in a much more difficult and dangerous battle than pugilism ever staged, and one v/hich promised vastly more for humanity, bus his skill and heroism went unnoticed. Somehow we cannot seem to get much-of a kick out of science, or out of the slow gruelling conflict with such an elusive foe as yellow fever. Professor Stokes had gone Jo Africa at the request of tne Rockefeller Foundation, and was on the point of perfecting a great discovery when stricken down by the disease with which he was battling.

Fight, Not Art, Thrills It Is perfectly human to be interested in such a contest as the Dempsey-Tunney affair, but let us not deceive ourselves as to the reason. It is the light, not the art, that thrills us. No shadow boxer ever made a million or ever will. Physical combat always has been and, perhaps, always will be, the most intriguing spectacle life affords. We seek to make it less brutal through the invention of rules and systems, but we cannot bring ourselves to lay it aside. The pathetic part of it Is that physical combat has proved and produced very little, except to show that one man was better than another in some particular line of violence for a year or !. The Dempsey-Tunney fight, was a contest with virtually bare hands. Men never got very far till they learned to use something besides their hands, until they had invented clubs, spears, bows and arrows and finally guns. Men with bare hands would not only cut a sorry figure in modern war, but in most modern trades and professions. Stage Awaits More Trials It is a curious phase of modern l.fe that this slugging match should have attracted far more attention than the trial of the mayor of Indianapolis and that the referee’s decision should lead to a vastly hotter discussion than the jury’s verdict. The country is no better of because Tunney won. It would be just as happy and secure if Dempsey had been declared the victor. It is better off, however, because a guilty official has been convicted; because crooked politics was brought to the bar of justice after courageous editors had exposed it. Whether the stage has been set for another prize fight, it has certainly been set for more trials in Indiana, and whether public interest Is sufficient for promotion of the former let us hope iris sufficient to encourage prosecution of latter,

It Usually Happens About Like This

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Constitution Made Basic Law of the Land

This article, the last in Mr. Atwood’s series 'of twelve stcrles on the Constitution. outlines interestingly its general pi o visions. BY HARRY ATWOOD President, Constitution Anniversary Association Among the very significant general provisions of the Constitution are the following: “All debts contracted and engagements entered Into before the adoption of this Constitution shall be as valid against the United States under this Constitution as under the Confederation.” This is conclusive evidence that the men who wrote the Constitution had a high sense of honor, as they bound the new government, when set up under the Constitution, to assume all obligations that had previously been incurred by the United States. They did not favor “cancellation of debts” properly Incurred, even under very trying conditions. Vesting Supreme Law “This Constitution and the laws of the United States which shall be made In pursuance thereof and all treaties made, or which shall be made, under the authority of the United States, shall be the supVeme law of the land, and the judges in every State shall be bound thereby, anything in the Constitution of laws of any State to the contrary notwithstanding.” This provision is strong confirmation of the fact that the authors of the Constitution intended to provide

(Muncie Pre*i) (Republican) William Armitage, Indianapolis politician, bought and paid for three public appointments from Mayor John Duvall, Armitage yesterday told the jury that is trying Duvall on a corruption charge. Clean The amount paid was $14,500. Armitage , said. Then the men had a falling-out or oe „ and complications of one kind and an“Cleaned’ other ensued, according to the story that Armitage tells. Whether this particular story is true, it will be up to the jury to determine, but it is a matter of common knowledge that Duvall in his campaign and at the election was surrounded by corrupt influences, and his career in office has been one of constant turmoil due In larger part to various alliances that could not have been for the people’s good. What the people of Indianapolis thought of the situation was demonstrated when by a vote of five or six to one they declared in favor of a city manager form of government there. They felt that whatever the imperfections of this latter form may be in Indiana. due to a very weak law. It was better to flee to the evils they knew not of than to endure the conditions which they knew. Showing that every once in awhile the voters, some of them, actually DO wake up. It is this same spirit, now rampant throughout Indiana, because of indignation over what they have been forced to suffer at the hands of public officers both high and low, that is likely to see a great political upheaval in 1928 in every part of the State. And the party that does not have clean candidates will be “cleaned.” (Richmond Palladium) (Independent) There is a wide gulf between attacks on the constitution and just and constructive criticisms of the basic law, irrespective of the views which Attorney General Gilliom expressed at a KiA ttnmeu wanis club meeting. One can be an r upright and good citizen and differ General S with the decision of a court, even if View a jurist holds that this is contempt of court. * The Attorney General will find few here who share his opinion. Members of the local service club and the community generally who are studying the coiistitution these days, differ widely with him. The American people are far from believing that a court should be free from restraints, so that it can arbitrarily and without any. regulative limitations whatsoever hold in contempt any one who has the courage to express a difference of opinion. An allegedly intolerant part of the community may be oppressive, but what about an intolerant court, no matter where it is located, that believes it has the power to discipline an individual who be-

Where and what is the “magnetic hill?” There are several places that are so called, perhaps the best known being a hill near Los Angeles, Cal., locally called “magnetic hill” although In reality there is no magnetism about it. It is said .that one has to put on pever in going down the hill in an auto and shutoff the

for setting up a Federal government that would be strong enough to maintain itself and to function at all times, under all conditions. "The senators and representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by'oath or affirmation to support this Constitution.” There is a general doubt as to whether the average public official attaches sufficient importance and sincerity to taking an oath to support the Constitution, owing to the fact that most public officials have all too little understanding of its meaning and value. “The Congress, whenever twothirds of both Houses shall deem \t necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided—that no State, without its consent, shall be deprived of its equal suffrage in the Senate.” This provision for the method of procedure in making amendments is an illustration of the unusual capac-

What Other Editors Think

Questions and Answers

power when going up. That is not true, nor is it true that the auto will proceed with the engine shut off for several miles. It is due to an optical illusion. What is popularly supposed to be an up-grade is in reality a down grade, the impression tnst it is an up-g.ade being fained Iron the position and closeness of the surrounding hills,

ity of the men who wrote the Constitution to make clear, comprehensive statements with brevity and effectiveness. In a short paragraph two methods are provided by which amendments may be proposed and two methods by which proposed tmendments may be ratified, but, in each instance, it is provided that proposal for amendment and ratification of amendment shall be made through representatives. Provision of Necessity Note the effective use of the word “necessary.” It does not provide that amendments shall be proposed whenever Congress shall deem it expedient or in concession to excessive pressure from interested minorities or in response to popular clamor, but when two-thirds of both houses “shall deem it necessary.” The last clause indicates how strongly Insistent th3 delegates to the Constitutional convention from the smaller states were to provide for permanent equal representation of the states in the Senate. This makes it impossible to deprive any State, without its consent, of equal representation in the Senate even though the other fortyseven might wish to amend the Constitution to do so. Ten amendments were adopted on June 15, 1790, eight of which were taken largely from a document known as the Bill of Rights which was issued in England in 1689. Since that time nine amendments have been added to the Constitution.

lieves he is exercising his constitutional right of free speech in criticizing a court? The latter has full power to act and the individual has little or no chance to preserve himself against judicial tyranny if an unscrupulous judge sees fit to invoke it. (Danville Gazette) (Democratic) Governor Ed Jackson has been indicted by a grand jury on a charge of high crimes, and as he is the chief executive of Indiana this action means that the State likewise stands indicted in the Governor eyes of the world. ‘An innocent Jackson r t would realize the distressful situation jachson, that confronts the State and would Innocent doubtless write as follows: “I herewith submit my resignation as Governor of Indiana, in order to relieve my beloved State of embarrassment. In time, I will prove to all the people that I am innocent of the charges that have been made agains; me, but so long as this cloud hangs over me I realize that it is not for the best interests of the commonwealth for me to continue as Governor. Public officials should so conduct themselves that even a suspicion of wrong doing in the minds of the people would be impossible. Holding this belief, I feel keenly the odium that has fallen upon the people of Indiana by the action of the Marion County grand Jury in returning indictments against me, the Governor of the State, on criminal charges. If a public official, however innocent, is charged with a crime by a legally constituted grand Jury, it stands to reason that a doubt as to his fitness to hold office will be engendered so strongly in the minds of the people as to render his best efforts useless. Realizing this, and wanting to place the State under no handicap. I firmly believe no course is honorable other than to tender my resignation to take effect at once. After I have had the opportunity to prove my innocence to the world I ask the privilege of going before the people for their verdict, confident that I will be treated as I deserve to be.” (Hartford Cltr New*) (Democratic) Forty-seven States are jeering at Indiana. One newspaper suggests that two governors be elected, so that in case one should have to absent himself to satisfy penal obligations that the other could go right on with the duties of the office, and it would not be necessary to call upon a lieutenant governor. Good thought.—Hartfort City News. For a long time capital has been looking with suspicion on Indiana. Industries have left the State and others are complaining bitterly. No longer is it possible for chambers of commerce to talk eloquently of the advantages of Indiana. The trouble has been too much "invisible government.” It is costly.—Hartford City News.

Did the United States Government ever coin siiver pennies? No. What city is the furthest north in Europe? Hamerfost, ' Norway. For two months in the winter the city has continuous night and the only light there is artificial.

SEPT. 24,1927

Mr. Fixit Requests That the Absence of the New City Water Tower Be Investigated.

Let Mr. Fixit. the Times’ representative at city hall, present your troubles to city officials. Write Mr. Fixit at The Times. Names and addresses which must be Klven. will not be published. Mr. Fixit today received a letter asking the status of several city moves. Dear Mr. Fixit: When will the new city water tower, recently purchased, arrive In Indianapolis? What’s keeping the council from passing the Gamewell ordinance. Has the site for the new fire station at Forty-Sixth and Illinois Sts. been bought? If not see if you can get the board of works to take some action. Where will the new fire alarm headquarters be located? E. J. The fire tower is expected to be shipped Oct. 15. The Gamewell ’ ordinance is still pending. Yes, ■ the fire station site has been bought and is following the routine. No location has been considered for the new fire alarm system. ' •

By Charles Fitzhugh Talman Authority on Meteorology

Why the Weather?

STUDYING FLOOD WEATHER That engineers recognize the necessity of intensive local studies inf dealing with flood problems is indicated by certain remarkable undertakings carried on in the valley of the Miami river as a sequel to the devastating flood of March, 1913, which cost in that valley alone, about 360 lives and destroyed property to a value of $100,000,000. Tha Miami Conservancy district has been at work for some years planning and constructing safeguards aga.nst the recurrence of such disaster To get data to guide them in this enterprise, the engineers of the organization have made a number of elaborate investigations. They have collected, for example, exhaustive records of storm rainfall for the whole of the eastern United States and made a detailed analysis of each storm, and they have studied every aspect of run-off in their own locality, using for this purpose not only the records of natural showers, but also data obtained by mean3 of artificial downpours on a number of tracts varying in slope and in soil conditions. These and other studies of the Miami Conservancy experts are, of course, of much more than local interest. though they were undertaken entirely with a view to the requirements of a single engineering project. They have acquired recently added interest on account of the great revival of navigation on the Ohio river, of which the Miami is an important tributary. (All rights reserved, Science Service, Inc.)

Thumb-Nail Sketches

The girl leaned a little furthetfj over the wide bridge railing, her” slim hands spread palm down on* the cold cement. It was not so very;?.* far to those dancing waters dowq£ below, and when they had rushed* together over her young head, there" would be no more worry, no more * harshness, no more futile longings** For a moment she remained there, hypnotized by the before she began to move—too late,** A firm, steady hand had caught,*., her by the arm and pulled her off,: the railing. “Why were you going to do that?’*® the woman’s voice asked her. There, were tears coursing down her cheeks* from under the lowered eyelids and** she could not reply for the fl igers which seemed to be grasp***; ing her throat. For answer, then#"* she opened the small black pursed she carried. It contained only lipstick! No one had ever eared about her. Her home had been a jumble of. nagging and crossness, too many* children, too few comforts. All the! beauty was gone out of life. The woman who had pulled her*" from the bridge railing took her" down to the Young Women’s Chris-£ tian Association, where she spent night and many days thereafter*.,. She learned to readjust herself, de-,‘. veloped little talents she was aware of before. ™ She had a flare for beauty and a* knack for making clever and pretty*" things. Her first job, in which sheC delighted, was as salad-girl at a;”, cafeteria. She has used the Y. W.~' C. A’s facilities for help, and education ever since. It was all open to her because of” YOUR COMMUNITY FUND. ",

Times Readers Voice Views

Dear Editor: I wish something, could be done to stop the carryingout of the death sentence of tha negro boy that is now waiting and- - that his life may be sparedHe is an Indianapolis boy. I know,, of course, he did not ro right when he killed a man. But perhaps he had not had the chance in earljr* life that he should and life is swee£ to us all and especially to one who!', still is in his teens, t wish we mightsay as our Saviour said: “Go thou and sin no more.” I believe the, paper gave the date, of execution as Sept. 29. Hoping something can.! be done for him. A TIMES READER. Z What in the meaning of the namr Baggett? According to one authority orCl, names it is from the French and, means “a man with a small gold' ring.” How many times was Firpo knocked down by Dempsey in first round of their fight at the Polo'll Ground, New York City, in Sep- a ten-ber, 1921? Seven times. How old is Ty Cobb? He was born Dec. 17, 1886, and j will be 41 years old on his next 1 ' birthday.