Indianapolis Times, Volume 40, Number 166, Indianapolis, Marion County, 1 December 1928 — Page 1

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PARDON LEGAL, COURT IS TOLD BY SHUMAKER Jackson Within Rights in Granting Clemency, Is Demurrer Claim. FIGHTS GILLIOM MOVE Payment of Fine Estops State, Contention of Dry Leader, Governor Ed Jackson was within his constitutional rights when he pardoned Edward S. Shumaker, Indiana Anti-Saloon League superintendent, for contempt of court, attorneys for the dry leader contend in a demurrer to the state’s suit for execution of judgment, filed with the State Supreme Court today. Fighting Shumaker’s recommitment to the Indiana State Farm, his attorneys attacked the motion filed recently by Attorney General Arthur L. Gilliom, which argued the Governor was without authority to pardon a person convicted of contempt of the State Supreme Court. Gililom’s motion asked execution of judgment, which would return Shumaker to the state farm to serve the sixty-day sentence imposed by the court. Defends Pardon Validity. The demurrer filed by Ethan A. Miles, Shumaker’s attorney, defended validity of the pardon; charged that the attorney general’s move was an "atttempt to invoke the aid of the judiciary to interfere with the action of an independent department of the state,” and contended that Shumaker did not seek the pardon, but in accepting it and paying the fine imposed, S2OO and costs, he made himself “not a proper party to any proceeding to have said pardon declared void.” The charge arose from remarks, held contemptuous, which were published in the American Issue, Anti-Saloon League publication. His plea for a rehearing denied, Shumaker was taken to the state farm Oct. 19 to begin his sentence. Governor Jackson’s pardon effected his release after a few hours. The State Supreme court is without jurisdiction over Shumaker or the “subject matter” of information filed by the attorney general, the demurrer asserted. Gilliom erred, it argues, in not making Governor Jackson and Ralph Howard, state farm superintendent, parties to the action. Nine Points in Support Nine points were recited in support of the contention that the information filed by the attorney general “does not state facts sufficient to constitute any cause of action or ground for any order against or affecting the rights or liberties of said respondent Shumaker.” First of these is the argument that the Governor was within the authority conferred upon him by Sec. 17 of Art. 5 of the Constitution of Indiana in issuing the pardon. This provides that the Governor “shall have the power to grant reprieves, commutations and pardons after conviction for all offenses except treason and cases of impeachment subject to such regulations as may be provided by law . . . "Provided, however, that the general assembly may, by law, constitute a council to be composed of officers of the state without whose advice and consent the Governor shall not have power to grant pardons, in any case, except such as may, by law, be left to his sole power.” Claim State Estopped Inasmuch as Shumaker accepted the pardon, paid the costs and fine imposed, and these were accepted by the state, “the state of Indiana now is estopped to question the validity of said pardon,” said the demurrer. The supreme court is without jurisdiction, it continued, because the action is neither an appeal nor proceeding upon writ of error, proceeding against Shumaker to have him fined or imprisoned for contempt, motion for new trial, petition for rehearing, nor a motion to modify judgment. Shumaker is not charged with having sought the pardon, either directly or indirectly, in the state’s information, says the demurrer, and so is beyond reach of the court in any action seeking to have the pardon declared void, it argues. It is expected the supreme court will come to a decision without hearing arguments. HEAVENS ON UMBRELLA Scientist Doesn’t Fear Fog With Map to Guide Way. By United Press GLASOW, Dec. f.—Duncan McEwan, Glasgow scienist and member of the British Association, has no fear of losing his way in rain or fog. He carries the firmament with him. The scientist possesses a perfect may of the stars, adjusted to scale —in the top of his umbrella. Indiana 6-inch forked lump, fifth vein, only $4.75. Harvey Coal Cos. DRexel 5770.—Advertisement.

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The Indianapolis Times Fair tonight, lowest temperature about 30; Sunday increasing cloudnies sand slightly warmer.

VOLUME 40—NUMBER 166

’IS ’IGHNESS ’A-P-P-P-Y NOW

Stam-stam-mer-er’s Stut-stut-stut-ter St-st-op-ped

BY KENDALL FOSS. United Press Staff Correspondent T ONDON, Dec. I.—The Duke of York is the happiest man in the British Empire. He no longer stutters. And if the duke is the happiest man. the little duchess is the happiest woman. No longer does she sit with an anxious look in her eyes when her husband is making a speech. No longer does she grip the edge of the table until her knuckles show white when his royal highness rises to respond to a toast. The old fear that he would stutter and be unable to get a word out is gone. The secret of the duke's speech defect loas been well kept. Since boyhood he has been troubled and for about two years he has been undergoing a cure which has proved successful. Yet the story never has been published in Great Britain. m M a ONLY a scattered few had observed that where formerly when the royal couple entered a room, the duchess stepped forward and did the talking to save her husband the embarrassment of a possible stumble, raw she hangs back, shyly watching the man of whom she is so obviously proud. Stammering developed in the duke in his boyhood. As he approached manhood, the stammer became a very bad speech defect. It is even said in court circles that the reason the king is always spoken of in the household as "his majesty,” whereas the custom has always been for the immediate household to speak of the monarch as “the king” is because the young duke had such painful difficulty in enunciating the word “King.” Numerous attempts were made to help him, but the duke was little if any better. His affliction grew' upon him until the sunny and companionable temperament which his boyhood had seemed to promise seemed lost behind a sombre mask and a diffident manner. nan HE was so conscious of his difficulty that he rebelled when it was decided that he should go to Australia to open the new federal capitol at Canberra. He begged to be excused on the ground that such a mis ran would be sheer agony for him. But the people of Australia, not knowing of the embarrassment ceremonies and speches caused the duke, insisted that they wanted him, wanted to see him and feel that they knew him.

Hov* the Market Opened

BY ELMER C. WALZER United Press Financial Editor NEW YORK, Dec, I.—Traders apparently ignored the increase of about $133,000,000 in brokerage loans today, and prices moved toward higher levels in early dealings. Outwardly the market appeared irregular but the undertone was strong. Large blocks of favorite issues appeared on the tape, an outstanding feature being a sale of 10,000 Radio-Keith-Orpheum at 49*4, up %. General Motors eased fractionally while Radio lost nearly 2 points. —Dec. l Am Sugar 92 V* Am Wool 27>/e Anaconda .114 B & O 120 Beth Steel 79% Chgo & Northwestern 92 Chrysler 129'r Cons Gas Cos 109 Fisk Tire ; 15 Gen Electric 200 Gen Motors 211 Hudson Motor 86'v Hupp Motors 83% Inspiration 46% Lehigh Valley 100% Mid Conti Pete 42 Missouri Kans it Tex 56% Mont Ward 438% N Y Central 193% N Y N H & H..„ ? 7) Nor Pac 111% St Paul pfd 57 Sinclair 45% S O N Y 41 % Studebaker 76% Tex Oil 68% Tob Products B 105% U S Steel 165>/ Willys Over 28' New York Curb Opening —Dec. 1— Open. Am Gas ....194% Continental Oil 20 Int Pete 49% Prairie Oil and Gas 66% Prairie Pipe Line 267 S O Indiana 91% United L & P A 30% Salt Creek Prod 25% United Gas and Imp 12044 Durant Motors Del 13% Bar.citaly 28% Elec Bond and Share 158 Elec Investors 9" N E Power 48% General Bating A 10% Fox T 28% Stuta Motor 37 Cities Service Com 73 v. Hudson Bay 20% DeForest 22 7 '- Marmon 86% Trans Cont A T 22%

Millers All-State Team to Be Announced Monday

Dick Miller's all-state college football team will parade in print and pictures before the fans Monday in The Times. Each year following the close of the season for all Indiana elevens, Miller of The Times sport staff and an active grid official, selects his “all” teams after collecting much data on the performance of leading players. The Times’ mythical elevens are selected from Miller’s own observation, and*from pointers received from coaches, critics and wellknown fans who view’ a big game every Saturday. The Times elevens, first, second and third, and an honorable mention list, for the last few years have been published in the Spalding football guide, as well as Dick Miller’s resume on Indiana football. Miller is president of the Indiana Officials’ Association.

< I 'Duchess' rU ; ' I °? York, Duke of-X 1 J Vqrfc ' Correction of the Duke of York’s stammering has made him the world’s happiest man and the Duchess of York—the happiest woman.

STAMP THIS OUT (?) Bryson Hopping —Tea Shopping

BV JIM RUNYAN A KOKOMO man has WTitten to Postmaster Robert H. Bryson to dc a bit of shopping for him. Bryson tried to fill the order, but was unsuccessful. Os all the quait and queer requests this one is quite the queerest, A man W'ho lives at Kokomo wants tea—but not the dearest; He had no time to visit here, but knows we have the Orlong For sale at prices he cen reach by Hip Lee, Sing and Wu Bong. He pens a note to Uncle Sam and asks for his assistance And Bryson starts a shopping tour with commendable persistence; That- kind of tea just can’t be had. but the custom has been started. And mailmen's brows are creased a bit—still they are not downhearted. But now that some ones started it. will Bryson be the goat; Will this request from Kokomo upset or rock the boat? Will housewives in the Hoosier towns pen pleading, plain epistles Appointing Bryson Santa Claus to buy candy, tops and w’histles? Will it become the duty of our busy Don postmaster. To shop for Mrs. Widenbrandt? We don’t know—YOU “ast her.”

Don't Fret, Lady, If Polly Pets Plumber

DON’T kick and don't let your wife be aroused if the daughter brings home a plumber or a brickklayer as a suitor, Col. W. G. Archer advised the Indianapolis building congress, representing a considerable cross section of the wealth and social brilliance of Indianapolis, at a dinner at the Severin Friday night. “Somebody’s girl married the grease-staied man toiling under a flivver years ago—the man who now is Henry Ford,” Archer pointed out. “Somebody's girl wed the tattered youth wheeling iron over the hot ashes of the iron mills in his barefeet—the man who now' is Schwab: somebody’s girl became the mate of the beloved Harding, printer’s errand boy, compositor, editor, President, and somebody's girl became the wife of that plodding, tireless telegrapher, the benefactor of mankind, the man who now is Edison.”

Seventy-five leading architects, contractors, designers and other master craftsmen applauded Archer’s plea for placing on a higher plane of national recognition “the man in overalls.” “He's the man who made possible the position of many of the men in the higher roles of national industry,” said Archer. u a n ARCHER, who is a special representative of the plumbing and heating industries bureau, was arguing that the business stability of the nation rests upon making apprenticeship in the building trades more attractive to modern youth. Building is a fundamental industry and there is a grave shortage of man power in training for it, Archer pointed out. “We must put romance in the all-important art of building to attract youth,” said Archer. “The reluctance with which boys look upon the building trades today threatens the very foundation of American progress. The average American shap today is proud and his aspirations high. He displayed the highest order of courage when he walked determined and unafraid into the flaming flood of death on Flanders fields, still he shrinks and flinches at ridicule. And who of us here does not know of the countless stories ridiculing the plumber, the plasterer, the stone-cutter and such, the very backbone of the building industry today? “It is the duty of every loyal American citizen today to point out to our boys the glory of America’s building achievements and we must know that as we hope to build buildings, we first must build men.”

INDIANAPOLIS, SATURDAY, DEC. 1, 1928

AIR SITE DELAY HIT Councilman Sees No Reason for Slowness. Albert F. Meurer, city councilman, today deplored the delay in purchase of a municipal airport site. “I wish the city would do something about buying a landing field. There is no reason for such a delay. I do not know that anything is being done at present.,’’ Meurer said. Last week the Chamber of Commerce airport committee selected Site 8, south of Ben Davis, in accordance with Mayor L. Ert Slack's recommendation. The board of works has not received a formal recommendation from i-he mayor and will not act until Slack has passed his program on to the board, Oren S. Hack said. Nothing was before the board Friday, Hack said. It was hoped council would act Monday night on the airport project but necessary preliminary steps have not been taken by Slack administration leaders. dirl Reported Missing Agnes Holder, 17, of 1150 Eugene street, has been missing from her home since Nov. 17, the police missing persons bureau was informed today. When she left home she was wearing a blue plaited skirt, blue waist, red velvet jacket and brown coat trimmed in black fur.. PROBES TWO DEATHS Coroner Investigates Accidents of Friday Afternoon. Coroner C. H. Keever today investigated two deaths Friday afternoon caused by accidents. The dead men are Lawrence Stewart, Negro, 35, of 330 Douglass street, and Manuel Hughley, Negro, 37, of 1102 East Twentieth street. Stewart was struck by an automobile driven by John Fullen, 35, of 535 Jones street, a taxicab driver, who was charged with involuntary manslaughter and released on his own recognizance. Hughley was crushed in an elevator at the Rockwood Manufacturing Company, 1801 English avenue, where he was employed. $1.05 round trip to CHICAGO by telephone (basic rate). Quick, personal.—Advertisement.

HOOVER TIPS U. S. SILK HAT TO ECUADOR Home of Panamas Is Host to President-Elect at Quayaquil. GO IN SMALLER SHIPS Leaves Sunday on Maryland for Next Stop at Call.as, Peru. BY THOMAS L. STOKES. United Press Staff Correspondent ABOARD U. S. S. CLEVELAND, EN ROUTE TO QUAYAQUIL, Ecuador, Dec. I.—Silk hat American diplomacy met the panama hat in its home today when PresidentElect Herbert Hoover's good-will mission opened its South American tour with a visit to Ecuador, Mr. Hoover left the U. S. S. Maryland at 6 a. m. and boarded the cruiser Cleveland, detailed to carry him up the Quayas river which is too shallow to permit the passage of a larger vessel. The Maryland met the Cleveland by arraignment off Puna island about 5 o'clock this morning. Members of the Hoover party and the Maryland’s band were taken to the Cleveland in motor launches. The Cleveland had a thirty-mile run ahead of it to reach the head of the island, in the south of the Quayas river. Forty miles up the river is Quayaquil. Plan Reception The Cleveland will stop at the end of Puna island about 11 a. m. fop a reception to Mr. Hoover by the foreign minister of Ecuador and other officials who will continue on to Quayaquil with the party. The early start of the Cleveland was made to take advantage of high tide necessary for successful navigation of the river. Arrival at Quayaquil was planned for 2 p. m. President-Elect Hoover will stay overnight at Guayaquil. Dr. Isidro Ayora, piesident of Ecuador, will meet the Hoover party at Quayaquil and an afternoon reception will fololw. In the evening there will be an official dinner and reception. Sleep Aboard Cleveland Mr. and Mrs. Hoover*and a few members of the party will on members of the party will sleep board the Cleveland and other dations. The Cleveland is scheduled to leave Quayaquil about 8 o’clock Sunday mbrning for return to the Maryland, anchored off Puna Island. The Maryland will set sail for Callao, Peru, the seaport for Lima, capital of Peru. Desipte the entrance of the Maryland into the equatorial regions the weather was much cooler because of the Humboldt current which sweeps the western coast of South America with cooling breezes. Its waters are chilled at its source in the Antractic. The Maryland crossed the equator at 1:24 o’clock Friday afternoon. The temperature at noon was only 77 degrees and at 7 p. m. it was 72 degrees. SHIP ISJBANDONED Stricken Vessel Deserted; All Hands Saved. B-u United Press PORTLAND, Ore., Dec. I.—The Canadian steamen Chief Maquilla was abandoned by its crew early today, the Mackay Radio, here, reported. The crew of seventy-five and officers were taken aboard the Yogen Maru during the early hours of the morning. After the stricken vessel had been abandoned, the Yogen Maru sent the following message, which was received here by the Mackay Radio: “S. O. S. now cleared. All hands have abandoned ship and are safe on board the Yogen Maru.”

Another Times-NEA Smash

Nothing grips the public imagination today more than the airmail service, the use of which has become increasingly widespread since the reduction in airmail postage rates, and recent tragedies have shown the dangers braved by these windriding couriers of the skies. With a service tradition of “Get the mail through at any cost,” these daring pilots defy storm, fog and even death itself . The Times, through its NEA Service, Monday will print the first of a series of five thrilling stories on the dangers faced by the men who fly the mails, centered around Major Wesley L. Smith, who has been a mail pilot since 1919. In his 5,000 hours in the air he has flown a half million miles and stared death in the face many

NEW OFFICIALS OF STATE TAKE OATH

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Archie Bobbitt

Fifield, Bobbitt, Wolfard Assume Their Duties Today. Otto G. Fifield, Crown Point, became secretary of state: Archie Bobbitt, English, state auditor, and Pliny Wolfard, Newcastle, tax commissioner, at the statehouse this morning. Terms of Fifield and Bobbitt will extend for two years, both offices being elective. They are the first state officials, elected Nov. 6, to take office. Wolfard was appointed to the state tax board by Governor Ed Jackson, whose secretary he has been. The appointment is for four years. He succeeds John J. Brown, who was chairman of the board. Simple ceremonies marked induction of the new officials into office. Both Bobbitt and F,field took the oath, administered by Judge Clarence R. Martin of the supreme court, in their offices. They were accompanied by their wives and kept open house following the ceremony. One new appointment announced by Fifield today was that of Clarence P. Fate, Crown Point bond salesman, as examiner for the securities commission. Most of Fate’s work will be in the field, it was said. Since 1920, Fate has been a Lake county election commissioner. His appointment was sponsored by the Tenth district Republican organization. Fifield announced the appointment of George McHie of Hammond as assistant state police chief, anew position.

‘Hello! Fine’ pit Time* Special COLUMBUS, Ind., Dec. I. Homer Berry and James Hester, charged with intoxication, were fined $22 and costs in a city court session held by telephone. The fines were imposed by Mayor C. B. Cooper, who is confined to his home by illness. A connection between the Cooper home and the city courtroom was established. The mayor asked “Guilty or not guilty?” and in turn Berry and Hester answered, “Hello! We're uilty.”

HEIRESS TO WED SWEDISH PRINCE IN VEIL OF QUEEN

BY PAUfc FREDRIX, United Press Staff Correspondent NEW YORK, Dec. I.—Estelle Romaine Manville, heiress, will put on the late Queen Sophia’s bridal veil too*y and marry Count Folke Bernadotte, nephew of the Swedish king. It will be a $500,000 wedding, with some $1,000,000 worth of gifts. The ceremony will be In St. John’s Episcopal church at Pleasantville, a small Westchester county town outside New York. A special railway coach will take society editors to the scene from here. These writers will see, in the little church at 4 o’clock, a setting of regal splendor, with the following unusual features. As best man—Prince Gustavus Adolphus, eldest son of the Swedish crown prince, and himself the heir presumptive to the throne.

times. The s'eries tells of some of his most thrilling moments in the clouds. Major Smith is superintendent of the New York-Chicago division of the transcontinental airmail route, with headquarters at Cleveland, Ohio. He has been a flier all his life. A native of Los Banos, Cal., he attended the University of California and entered the army air service at San Diego, in 1918. He was in New York, ready to sail for France, when the armistice was signed. After a period of aerial barnstorming in New England, he entered the airmail service in 1919 as one of its first pilots. Each of the five stories will be strikingly illustrated. Don’t miss the first one Monday.

Entered as Second-Class Matter at Postoffiee, Indianapolis

Otto G. Fifield

MAYOR ‘VETOES' TRAFFIC CODE Sends Bill Back to Council Without Signature. City council will consider elimination of conflicts in the new city traffic code which was “pocket vetoed" by Mayor Slack at the meeting Monday night. Slack sent the ordinance back to council for corrections, without his signature. His action was based on an opinion of Smiley N. Chambers, assistant city attorney, who held several sections invalid. Chambers recommended several changes to strengthen the ordinance and eliminate certain conflicts with the state law. The mayor disapproves of discontinuing the ban on Monument Circle parking as proposed in the measure. PORK MARKET UP: RECEIPTS STILL HEAVY Cattle Slow With Not Many on Hand to Make Market. With hog receipts at the 8,000 mark today the market stiffened up and was generally 25 cents higher. Underweights were stronger at prices ranging from 25 to 40 cents above Friday's sales. The bulk, 170 to 300 pounds, went at $9, with a top price paid of $9.10. The cattle market, as is usual on Saturday, was slow', with not much stock on hand. Vealers were 50 cents lower, selling at sl7 down. Sheep and lambs were quotably steady. Strictly choice grades salable at $13.75 or better. Chicago hog receipts were 7,000, including 2,000 directs. Market fairly active today, steady to strong at Friday’s average. A few loads of choice 190 to 230-pound weights sold at $8.85 to $8.90 was paid for choice kinds around 250-pound averages. Cattle receipts were 500; sheep 2,000. Hourly Temperatures 6 a. m.... 35 9 a. m.... 34 7a. m.... 34 10 a. m.,.. 35 8 a. m.... 34

As ushers—Prince Sigvard, second son of the crown prince; Baron Sigfrid Rallamb, aid-de-camp to Prince Gustavus; Baron Carl Eric von Platen, Count Pher Sparre, and Lieutenants Enhoning, Lagercrantz and Cauli of the king’s horse guards. Officiating—Bishop Ernest Stires and two rectors, Dr. E. T. Burrill and the Rev. John N. Lewis. They will see the bride, daughter of H. Edward Manville, asbestos manufacturer, in the veil that the bridegroom’s grandmother wore at her royal wedding, more than a half century ago. This heirloom of Brussels lace will be held in place by a coronet of Swedish silver and crystal designed by the court jeweler for Miss Manville. The editors will see the highest society as guests and bridesmaids.

NOON

Outside Marlon County 3 Ceuta

TWO CENTS

KING'S FEVER RISES; CRISIS FEARED NEAR Turning Point in Illness Is Expected Today or Sunday. PRINCE READY TO SAIL Heir Cannot Reach Home Despite Efforts in Less Than Week. BY KEITH JONES. United Press Staff Correspondent LONDON, Dec. I.—A crisis may be reached today or Sunday in Ring George’s illness, some British physicians thought today. Writing in the morning papers, medical authorities analyzed the latest bulletins and many were of the opinion that if the king survived the crisis. It would be impossible for him to recover his fufi. health immediately. An official bulletin issued at Buckingham palace at 11 a. m, said: “In spite of his majesty's having passed a fair night, there has been a slight rise in temperature since Friday. His general conditon remains unchanged.” Still in Danger. The king still was in danger, the physicians w-riting in the newspapers unanimously agreed. Owing to the nature of the illness, together with the king’s advanced age, medical experts ail expressed fear of the possibility of complication arising through fluid exuded between the tw r o layers of the pleura. The medical correspondent of the Daily Chronicle said Friday morning's bulletin, after the conference of the royal physicians, must be admitted to be a little disquieting. The lengthy convalescence of the king, in event of his recovery probably would mean that the Prince of Wales would for the first, time assume a knightly role as head of state counsellors. Prince Sails Sunday The heir to the throne, who will sail northward from East Africa Sunday on the fast British cruiser, Enterprise, thus would receive a good insight of the responsibilities of his position in event of his succession to the throne. The prince will board the Enterprise at Dar-Es-Salaam, Tanganyika colony, and journey to Suez. At Suez the admiralty said, he will trans-ship by train to Alexandria. The British cruiser Frobisher then will carry him to Brindisi, Italy, where he wil ltake a fast special train to London. This program might bring the prince to Brindisi a week from Sunday, it was thought.

In the Stock Market

(By Thomson * McKinnon) NEW YORK, Dec. I.—Yesterday was a day of important news. We may differ in our views as to tha relative importance of the various items. Some may consider the most important the high interest rate and the further loss of gold. Some will attach most importance to the further large increase in brokers’ loans. Our own opinion is that the most important news of the day was the announcement by the president of General Motors Corporation denying the truth of the story that was so widely circulated that General Motors was to turn over the truck business to the Yellow Company, and furthermore that General Motors had actually sold in the open market a large block of the Yellow Truck stock. Such a candid statement is entirely consistent with the high-grade management of General Motors and it would be well if the heads of other dftrporations would get away from this old idea of standing on dignity and come out and deny stories that they know are not true. dairYjudges train LIKE GRID PLAYERS Sleep, Diet, Tobacco Must Be Watched by Teams. AMES, lowa, Dec. 6.—Being a member of a dairy products judging team is almost as hard on the team members as being on the football squad. Os course, butter Judges don’t suffer bruised shoulders and strained tendons, but they do hav# to train. Rules set forth by Prof. M. Mortenson, head of the dairy industries department of lowa State college, whose teams have won the dairy judging contests at the National Dairy exposition for five successive vears, include the following suggestions: Avoid use of tobacco to prevent dulling the sense of taste. Avoid unusual foods which might upset the stomach, consequently discriminating taste. Get plenty of sleep to insure good physical condition.