Indianapolis Times, Volume 40, Number 91, Indianapolis, Marion County, 5 September 1928 — Page 2

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RULING IS DELAYED ON STEPHENSON COURT TANGLE

HIGH COURT TO WRITE OPINION ON FREE PLEA Supreme Justices Hold Careful Deliberation, Is Required. GUILT DECISION SOON Final Action Within Few Days Is Promised on Murder Appeal. Necessity for a written opinion, which will determine the status of all life prisoners held in Indiana in regards to writs of habeas corpus, will delay the handing down of the Supreme Court decision on whether the writ of prohibition closing the habeas corpus to D. C. Stephenson should be made permanent. At the same time it was intimated by Chief Justice David A. Myers that the decision in Stephenson’s murder case appeal will be ready in a few days. Supreme Court members who with the exception of Judge Julius C. Travis, now in Massachusetts, heard the arguments offered by Lenn J. Oare, South Bend, and Ralph N. Smith, La Porte, attorneys for Judge John A. Richter of the La Porte Circuit, fell that a decision must be reached only by the most careful deliberation as the decision will set a judicial precedent. Question Before Court Following three hours consultation Tuesday afternoon Chief Justice David A. Myers announced that it would be several days before the decision is rendered. The question has become not only one concerning D. C. Stephenson’s attempt to be taken to the La Port" Circuit Court on a writ of habeas corpus so that he might have an opportunity to be released on bail, but one to determine whether life prisoners may be at liberty while theri appeal is pending before the Supreme Court. On Aug. 20, attorneys for Stephenson asked for a preliminary writ of habeas corpus in the La Porte Circuit Court setting out that inasmuch as the Hamilton Circuit Court was without proper authority the conviction of Stephenson was void and' asking that he be admitted to bail while his appeal was pending. Hurrying home from Grand Beach, Mich.,. Attorney General Arthur L. Gilliom that night filed a petition for a writ of prohibition which would forbid the execution of the habeas corpus. Judge Myers issued the preliminary writ and ordered Judge Richter to appear before the Supreme Court to show why this should not be made permanent. Charges Insult to Court Contending that it was an overt insult to the La Porte Circuit Court for Gilliom to go to the high court for a writ of prohibition when recourse is available through the court of original jurisdiction, Oare protested that such action was a reflection on Judge Richter. He declared that it gave rise to the rumor that Richter was going to release Stephenson on bail. “Although I personally feel that Judge Richter would not have decided wrongly, yet in such event then was the time to appeal to the high court and not before a judge is given the opportunity to pass on the question,” Oare said. Vigorous questioning on behalf of the Supreme Court was conducted from the bench by Justice Myers and Benjamin Willoughby, who pointed out the danger of permitting circuit courts to release life prisoners whose appeals are pending. DAILEY AND LESLIE TO ADDRESS LABOR UNIONS Both Gubernatorial Candidates on Program at Evansville. By Times Special EVANSVILLE, Ina, Sept. 5. Both candidates fpr Governor have been placed on the program of the annual convention of the Indiana Federation of Labor which convenes here Sept. 12. Harry G. Leslie, Republican, will speak Wednesday and Frank C. Dailey, Democrat, will address the gathering Thursday. A series of conferences by the various labor unions are being held in preparing for the State parley. Mayor Herbert Males will deliver the address of welcome at the opening session. HOLT PAVING DELAYED Engineers’ Plans Not Yet Ready for County Council. Consideration of paving the south half of Holt Rd., including a railroad underpass, was delayed by the county council Tuesday because engineer’s , plans and estimates have not yet been completed. W. P. Holmes, vice president of the Wayne Township Civic League headed a delegation to the council meeting, turned away with the delay. They have been fighting several weeks for remedy from the dust and mud road nuisance. A fight, also has been encountered between the county and the railroads as to construction of the tunnel, the roads claiming the traffic is not sufficient to warrent such a large expenditure. Ex-Chief Nabs TMef /iii Times Special BRAZIL, Ind., Sept. s.—Frank W. Moore, former chief of police here, captured a bandit recently who attempted to steal his auto at his .t’offee shop west of the city.

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Miss Bessie Hopkins, New Britain, Conn., is the new business and finance secretary of the In-/ dianapolis Young Women’s Christian Association. Miss Hopkins is taking the position left by Miss Kate Kinder, who has gone to the Y. W C. A. in her home, Newport News, Va. Miss Hopkins has been in Y. W. C. A. work for more than eight years. She is a graduate of Northfield Seminary, East Northfleld, Mass.

FUNOS BLOCK FIRE_STATIONS Council Slash Prevents Personnel Increase. Failure of the city council to appropriate funds for additional personnel and equipment for 1929 will prevent erection of three new fire stations recommended by Fire Chief Harry E. Voshell. Voshell said he is “short of men now” and will be unable to man the proposed houses. Voshell asked the council for sufficient additional firemen to operate stations at Irvington, Tenth and Garfield neighborhood and vicinity of Forty-SUfth' and Illinois Sts. Fred W. Connell, safety board president, expressed the belief that the additional stations cannot be built for another year. Voshell said they are badly needed. President Oren S. Hack declared the board of works will be willing to build the stations if the safety board thinks they are required. OPEN U, S. BRANCH Managers of City Commerce Bureau Here. Kenneth H. Dame and Francis Wells, manager and assistant manager, respectively, of the branch ofmestic commerce of the Department of Commerce, were in Indianapolis today to oppn the new service at 319 Chamber of Commerce Bldg. The office personnel will be guests at an open forum meeting of the chamber Friday. Speakers will include Edward G. Montgomery, chief of the foodstuff division; C. J. Junkin, chief of commercial laws division, both of Washington; T. L. Gaukel, St. Louis office manager; E. B. George, Philadelphia office manager. Senator Arthur R. Robinson and Representatives Will R. Wood and Ralph E. Updike, as well as local business men, have been invited. Wells, born at Seymour, Ind., has been with the New York branch two years. Dame, also a native of Indiana, became affiliated with the service in 1924, and has been assistant manager of the Los Angeles branch one year. WARNS BUS DRIVERS Speaker Says One-Fourth of Motorists in U. S. Are Reckless. NEWCASTLE, Ind., Sept. 5. Twenty-five per cent of the 24,000,000 motorists in the United States are reckless drivers, according to T. R. McCampbell, who warned Henry County school bus drivers to be careful, in an address here. “A fool used to blow out the gas,” McCampbell said, “now he steps on it.” About 300 persons, one-third ot whom were school hack drivers, gathered at a local theater to hea? the speaker, who comes from Indi anapolis as representative of the safety department of the C., C., C. & St. L. Railway Company. CORN BORER SPREADS Pest Descovered in 156 Townships of Eignteen Counties. The European corn borer has been discovered in 156 townships of eighteen counties, following discovery of the pest in several more township*, today, according to Frank Wallace, State entomologist. The additional townships in which the corn borer was found are Clear Creek Township, Huntington County; Wabash Township, Jay County; Wayne Township, Kosciusko County; Chester and Nottingham Townships, Wells County; Kankakeee, La Porte I County, and Green Fork in Randolph County.

BOOZE CONTROL IS REAL UNDER SWEDISH PLAN Liquor Problem Solution at Last Is Found by Scandinavians. Bwedsn tried prohibition. It failed. Now a rigid system of State control is being tried, successfully. William Philip Simms, Scripps-Howard foreign editor, has made an Intensive study of the I plan, and herewith presents the first of a series on the workings of the system. BY WILLIAM PHILIP SIMMS STOCKHOLM, Sept. s.—Commencing with the idea that the iiquor problem Is essentially a human problem and that you can’t human nature merely by passing a law, Sweden is working out the world’s most successful experiment in temperance and public morals. I came to Sweden frankly skeptical. Swedes, history relates, around the 1850's, were among the world’s champion drinkers. Their national tipple was aqua vit, as they call it, schnaps, liquid fire distilled from potatoes. They averaged something like 200 quarts a year of this stuff per family. If the Swedes could find a way to regulate booze and become a temperate people, I thought, there is some hope for America. Abolish Age-Old Evils Well, they’ve done It, They’ve abolished the saloon, the blind pig, the bootlegger and the moonshiner. In a few years they have cut liquor consumption to half, lessened all kinds of crime by more than half, reduced drunkenness among the youth of the land to comparatively negligible figures, until today Sweden seems the very picture of social health and economic expansion. The Bratt system of liquor control is what has done it. The system gets its name from Dr. Ivan Bratt, the young physician, social reformer, and temperance advocate who worked it out. The most popular drink in Sweden today is a sort of near-beer, a brew with only a trifle more alcohol in it than is to be found in ours. It is illegal to have it run above 3.2 alcohol by weight, but the average Is much lower. This beer and light wines, with a small and strictly rationed amount of spirits, obtainable on a carefully worked out card system, represent the spiritous beverage of presentday Sweden. Made Nation-Wide The Bratt system was tried out tentatively in Stockholm in 1913. So excellent were the results of the “Stockholm experiment” that in 1919 the system became nation-wide. Even then it was several years before the necessary enforcement laws could be passed, so the Swedish system has been in vogue nationally only four or five years. Yet remarkable progress in the direction of temperance, law and order has been made. The total amount of spirits consumed in all Sweden has fallen about 40 per cent and in Stockholm about 50 per cent. Crimes of violence have fallen off from an index of 100 to 52 in the nation as a whole, and to 40 here in the capital and largest city. Arrests for drunkenness have slumped from 100 to 48 for all Sweden and to 30 In Stockholm, the best results being achieved among the young folks—from 15 to 20 years of age. These figures show a reduction from 100 to 17, no less! Sweden is not attempting to drive her citizens into sobriety. She is leading them. No Crime to Have Alcohol Sweden does not make it a crime to have a limited amount of alcohol, but she does say that making a hog of one’s self is a social crime punishable in various ways. Here you may have a little, but you may not have much, the opposite of practice in prohibition countries. Today Sweden has almost absolute control of her drink problem By rationing her citizens down to a point beyond which there would be a popular demand for more, resulting in bootleggers and the vast underworld of the rum trade so notorious In our own country, she has brought the nation to such a hign state of temperance and public morals as to amaze present-day Americans. Next: An interview with Dr. Bratt. JOHN-MARY FETE SET Annual Event Will Be Held at Bluffton Sunday. By United Press BLUFFTON, Ind., Sept. s.—The annual Johns and Marys picnic is to be held at Washington Park here Sunday, Sept. 9. Every family with a John or a Mary is expected to attend. The event will be held in the community building in event of rain.

YOU MUST SLEEP Nature does her repair work while you sleep. Continued sleeplessness is quite serious—it may endanger health and mentality. Sleeplessness may be due to conditions that will respond to proper treatment. Cleanse your system of poisons. Stimulate your kidneys and other eliminative organs with the aid of Mountain Valley Mineral Water from Hot Springs, Arkansas. MOUNTAIN VALLEY WATEP From Hot Springs, Arkansas Local Distributors Phone, RI ley 3259 911 913 MASSACHUSETTS AVE.

THE INDIANAPOLIS TIMES

Speaker

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John F. Bailey, Ph. D., will address the Camera Club at the Chamber of Commerce at 7:30 Thursday evening on “The Psychology of Art.” Bailey is the father of Hillary G. Bailey, owner of Shadow Art Studio, 1909 N. Pennsylvania St.

PROBLEMS OF SCHOOLS CITED Teachers at Institute Hear Director Underwood. Declaring that "the greatest problem boards of education face today is the work of transmuting the money raised for school purposes into effective human power,” C. C. Underwood, director of elementary education, addressed the second general assembly of the Indianapolis Teachers’ Institute at Caleb Mills Hall today. “An appreciation of scientific methods in education has wrought a great change in modern schooling,” said Underwood, who added that children are reading more books in the first three years of school than the children of two decades ago read in twice the time. Underwood declared that if children of various races and creeds are thrown together in the educational process, the result will be a weakening of prejudice and a strengthening of common bonds. It is estimated that 2,400 teachers from the city elementary and high schools were in attendance at Shortridge. Dr. Hughes, president of Evansville College, is scheduled to address the institute Thursday, BANDIT NO STRANGER Link Daylight Holdup With Dice Game Losses. Detectives today believed that Samuel Edelstein, 31, of 306 W. New York St., and Ray H. Smith, Wesley Hotel, knew who held up Edelstein at the entrance of his apartment Tuesday noon, taking SSOO cash and a SSOO certified check. Smith, known as “Railroad Smitty,” appeared at police headquarters after the holdup and claimed the $4,000 Edelstein carried in a paper bag from which the check and SSOO was obtained. Police said they learned from Smith that the money was “the bank” of a dice game. Smith is known to police as a professional gambler and game operator. Detectives believe the bandit either was a person familiar with the operation of the dice game and knew that Edelstein left his apartment each day with the “bank” for the game, or was a heavy loser in the game the previous night. 3,000 CHILDREN NOW WARDS OF STATE “There are more mentally and socially handicapped children in Indiana than there are physicially handicapped,” John A. Bown, secretary of the State Board ot Charities declared Tuesday in an address before the Universal Club at the Columbia Club. “Approximately 3,000 children are now wards of the State and are living under careful supervision in private homes. GIRL FELLED BY TRUCK Driver, Arrested, Admits His Brakes Were Useless. Ruth Kiser, 11, of 325 N. Bancroft St., was reported in a critical condition at city hospital today from a fractured skull and internal injuries incurred Tuesday when she was struck by a truck driven by Glenn Ray, 20, of 1451 Le Grande Ave., in the 5000 block, E. New York St. Lieut. Edward Helm charged Ray with assault and battery and driving with faulty brakes. Glenn’s truck traveled 110 feet after striking the girl and he admitted he hdd no brakes and was using his reverse gear to i stop the car, Helm said.

DUNN OUSTER FIGHT CLOUDS FINANCE 0. K. County Council Battle Casts Doubt on Legality of Transactions. A factional political fight involving the county council seat of Paul Dunn today cast doubt on the legality of the council’s approval of next year’s financial program. An affidavit charging Dunn is not a property holder in Marion County and asking his removal on these grounds wls filed with Auditor Harry Dunn late Tuesday, to be presented to the council today. Without mention of the affidavit, although the corridors and council chambers buzzed with rumors, the council went into session, transacted its financial business and adjourned sine die. “I am here, I voted today and will continue to do so,” Dunn said. He said he holds property in his own name and disqualified to continue as councilman. Should Dunn be removed and his right to vote today be questioned, the vote on important financial matters would be three to three. Clinton H. Givan, county attorney, was in consultation with faction workers as the question arose as to a deadlock. Efforts to remove Dunn, thereby evening the vote on the council to three for each, the Cofflri-Hawkins and the Dodson factions of the Republican county organization was considered by political obesrvers as another shot in the continual factional war. McCain said he filed the affidavit because of the council’s persistent efforts to block construction of a general county highway program, and that he is in the fight “to the finish.” Talk of filing an injunction suit to prohibit Dunn from sitting on the council, failed to materialize. No suit had been filed up to this afternoon, alhtough faction leaders on both sidies predicted that it would be.

Welcome State Fair Visitors Be sure to visit our store and see all that is new in Fall and Winter Coats, Suits, Fur Coats, Dresses, Millinery, Furnishings. Then, too, you will be surprised at the wonderful values we have to offer you for so little money. * Specially Featured for this Week —a Sale * Mew Sil Dresses IL The Smartest Styles You Have Ever Seen! This sale offers wonderful values in brand new Fall Dresses. Many are ; i ■ copies of higher priced models and show the new style features for the '/&W coming season. The materials are of fine quality and nearly every new tw color is represented. Do not miss this value giving event. [/ Satins, Flat Crepes, Velvets, Hundreds Crepes, Georgettes A J.An Choose IN THREE SPECIAL GROUPS Should 11 \| Ii l 21 SCS:29 s*7-95 s?Za! Pi Price at See Prices \ \ Windows 1 11 LARGE SIZES INCLUDED ill hix-A Put this down as a dress opportunity that is without duplication, for nTT only a fortunate combination of circumstances could bring these marvels to you at such insignificant prices for the quality and style. ~ - - - —n - ■ 1 iii ~ - _. New Fall • Cl Black Velvet SWEATERS \ Companion bale jackets OF _ See these clever ;! ___ __ > Everv girl * Q? Q a„ New Winter Coats *5 I; Fall wear *l=2 $ 2=2 A- ? 5 sop FUR I U fo ~a W COATS ! New Fall I ■ /.al 1 Sunburst JR* Mr colors. g week SKIRTS | A SmoU Deposit I tloZd% !j S 29== , „ SPS i; Will Hold Your on Any Coat. tjz *C | - | • S SP - *69^ and patterns Layaway Season Prices c See These Values

Fine Quality RAYON UNDIES 98c

MRS. KNAPP FACES REMOVAL TO CELL

Probably Will Be Shifted From Comfort of Present Quarters. Bu United Press ALBANY, N. Y., Sept. s.—Mrs. Florence E. S. Knapp, former New York Secretary of State, may be removed today to a regular cell from the comfortable quarters In the Albany County jail, where she began the second day of her 30-day sentence for grand larceny of State census funds. The commodious, well-appointed living room of Sheriff Joseph Henchey’s apartments, in which she spent Tuesday night, contrasts strikingly with the cells in the woman's section, where nine other women are quartered. Ranee Taylor, jail superintendent, said he would move Mrs. Knapp to a regular cell in the women’s tier unless some legal obstacle was raised. There she would be subject to the same regulations and restrictions as the other women prisoners, he explained. John J. Conway, Mrs. Knapp’s chief counsel, said today he still was considering an application for a certificate of reasonable doubt, which, if granted, would free Mrs. Knapp under bail pending an appeal. If this course is taken, a petition will be made Saturday before Ellis J. Staley, Supreme Court justice. Other legal recourse may be taken, and a petition for a pardon also may be presented to Governor Smith. Owl Car Conductor Robbed Walter Nixon, conductor of an Indiana Ave. owl car, was robbed early today at Indiana Ave. and Tenrh St., by a Negro who boarded the car seized his money changer containing sl2 and ran. Fall Festival Planned Bu United Press HARTFORD CITY, Ind., Sept. 5. —Local clubs, lodges and other civic organizations are making plans for the annual fall festival to be held early in October.

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This young woman is Miss Leonette of Cicero, Ind., who won the State bathing beauty contest at Walnut Gardens Sunday. Fiftyone assorted blondes and brunettes competed. No Funds for Al’s Phone Speech NEW HAVEN, Conn., Sept. 5. Unless some wealthy Democrat comes to the rescue, plans of having Governor Alfred E. Smith address the Democratic State convention over long-distance telephone wires will have to be abandoned because of the high cost of leasing the wire.

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FOUR PRISONERS FREED BY TRICK BACON FARM Officials Close on Trail of Trusty Who Altered Ppnal Books. With return of Jesse Elmore of Danville, Ind.. one of the fifteen men who obtained early releases through alteration of records of the State Penal Farm at i'utnamville. Superintendent Ralph Howard today announced that a thorough search is being conducted for the man alleged to have changed the dates of releases and commitments. Through questioning of Elmore and three other prisoners who have been returned, Howard said the| guilty person has been determined/. Police throughout the Middle West are searching for him and he is expected to be found soon. Elmore substantiated stories of the other returned convicts, but revealed nothing of new interest. "We know who the man is and we are after him. We expected he would be found by now,” Howard stated. "Elmore told the same story as the other men. These statements definitely have established the guilty person." According to reports, the person who changed the record dates formerly was a trusty in the insti - tution working in the office. He is said to have changed the commitment and release dates on payment of money from prisoners. Elmore was sentenced several months ago from the Hendricks County Circuit Court for one year, but was released at the end of five months. He was charged with chicken stealing. He was rearrested on ft farm near Urbana, 111., Howard said. Check of institution records ha? been completed and eleven other men are at large, Howard said Those in addition to Elmore who have been returned and questioned are Paul Miley, Charles Ulrich, and Steve Mizerich.

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