Indianapolis Times, Volume 40, Number 179, Indianapolis, Marion County, 17 December 1928 — Page 1

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GAS TRUSTEES ARE READY TO SELLJPLANTS Insist Only on Protection From Future Attacks in Courts. WILL TAKE LEGAL STEPS Declare They Are Willing to Comply With 1905 Contract.

'Text of gas trustees’ statement on Page 16) Voting trustees of the Citizens Gas Company believe the 1905 contract to sell the gas plants to the city Is enforcible and desire to comply, but will carry the question to a “court of last resort’’ as a matter of personal protection against attack from persons financially interested in the company. This was the answer of the trustees today to the recent agitation for public acquisition of the plant. The trustees went so far as to declare that upon advice of counsel they believe that the gas franchise of 1905 set up the company ahd the trustees as a “public charitable trust” and that whether the city ever exercises the right to take over the company or not, the certificate holders never can collect more than the face value of their investment. The contract provides that the city may take over the gas plant by paying the $2,000,000 in outstanding certificates, issued upon stock which the trustees hold and vote, by insuring that the certificate holders have received 10 per cent interest a year during the life of their certificates and assuming the outstanding indebtedness of the company. The face value of the certificates is $25 each. These certificates have been selling for around $57 on the Indianapolis stock exchange. The trustees indicated in a detailed statement that, rather than being opposed to municipal ownership, they merely would go to court for the purpose of having all debatable legal questions settled, so that certificate holders would not be able to file suits against the trustees personally at some later date. Move to Acquire Plants Mayor L. Ert Slack and Corporation Counsel John L. Holtzman have declared the city will start a move to acquire the gas plants, by 1930, when the franchise option is enforceable, they contend. Many civic agencies have gotten behind the movement to take over the companies, inaugurated by the Indianapolis Times more than a year ago. The Chamber of Commerce civic affairs and legal committees are sponsoring a luncheon for open discussion of the movement Tuesday noon at the Chamber. The trustees expressed no unwillingness to turn the properties over to city after the franchise agreement that the certificate holders shall have been paid the face value of their certificates plus ten per cent a year interest (which interest has been met out of earnings so far), but declared: “In view of the important questions involved an dthe claims likely to be asserted by those in interest, the trustees have been advised that it would be unwise for them to consent to any disposition of the property of the Citizens Gas company without a final adjudication of the important legal questions, and that to do so might involve them in personal liability.” Electric Originally Provided The trustees declare they have been advised that the law originally provided that an election would be necessary before the city could expend any moneys or pledge its credit, directly or indirectly, to purchase a gas works. Subsequently legislation, the trustees state, suspends the proviison for this election, and substitutes the necesstiy of approval of the sale to the city by the public service commission. The trustees point out the possibility of amending this law so a a municipal election again might be required in place of commission approval. The trustees end their statement with a profound declaration that they will resist to the end all effors of private interests to take the company from he present trusteeship. Will Fight in Courts “Under no circumstances will we consent,” they declare, “unless compelled to do so by a decree of a court of last resort, to turn this property over for private exploitation or do any act which will amount to an abandonment of the public trust created at the time of the organization of this company.” The statement is based upon an opinion by Attorney Will H. Thompson of Miller, Dailey & Thompson, after an exhaustive study. The trustees are Robert Lieber, Lucius B. Swift, Henry Kahn, Gus Schnull and former mayor Thomas L. Sullivan. Use out-of-town telephone service. Fast, easy, inexpensive. Basic rate to CINCINNATI only 70 cents.— Advertisement. , .

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VOLUME 40—NUMBER 179

Tinted Peace Drive Given Impetus by Ministers of City

Cast Your Vote for World Peace “Get the Peace Pact Out of the Senate by Christmas!” Ratify Kellogg Treaty as America’s Gift to the World Vote “Yes” if you favor this. Yes No Name Address Send to The Indianapolis Times Peace Editor. # Text of Pact Page 1, Section 2.

Hundreds of Ballots Are Signed After Pastors Praise Movement. The Times and Scripps-Howard newspapers’ campaign to get the Kellogg anti-war treaty through the United States senate before Christmas was given great impetus by city Protestant ministers at services Sunday. Ballots were passed in several churches, and sentiment was virtually unanimous for the movement. Rules of Catholic and Episcopal churches prohibit consideration of

BAR BABY !N ASYLUM GRIB Head of Institution Not to Admit Infant. By United Press CHICAGO, Dec. 17.—Betty Ann Zalis, 2 months old, whose mother is going to the state asylum for the insane because she murdered one child, will not spend her childhood in the asylum, but her future is in doubt. R. T. Hinton, superintendent of the Elgin hospital, said Betty Am: cannot go to the state hospital with her mother despite the ruling of Judge Thomas Lynch, before the mother was tried, that he would not separate the two. “The Zalis baby will not be permitted in the asylum,” Hinton said. “We never have accepted a baby because it is no place for one. Babies have been born here, but they were removed as soon as possible.” Several organizations and individuals have asked to adopt Betty Ann. It is possible Betty Ann will go to her grandparents, Mr. and Mrs. Dominick Balchus, of Hart, Mich., who already have taken the other Zalis child.

SET FORJOLAR HOP Wilkins May Take Off Today on Antarctic Flight. By United Press DECEPTION ISLAND, Dec. 17. Sir George Hubert Wilkins announced that if the weather is favorable today he will begin his south polar flight. Deception island, which is the base of the Wilkins polar expedition, is near South Shetland at latitude 62:55 south. DINNER FOR FORTUNE President of Peace Society to Be Honored Tonight. Election of William Fortune ox Indianapolis as president of the American Peace Society will be celebrated this evening at a dinner for prominent citizens given by Felix McWhirter, banker and a di rector of the society, at the Marott Paul V. McNutt, national commander of the American Legion has sent a letter congratulating For tune and promising “the loyal support and co-operation” of the legion and looking forward to “a year of service with you in the cause of permanent international peace based upon justice to all peoples.” Rebel in Afghanistan By United Press CALCUTTA, India, Dec. 17.—Rebellion has broken out again in Afghanistan, advices received today said.

PLEADS FOR PEACE / Kellogg Pact to Abolish War Urged by Woman. More than a generation will be required to restore the physical normalcy of the war-ridden countries of Europe, declared Miss Elizabeth March, general secretary board of young Friends activities, Sunday at First Friends church. She pleaded for the adoption of the Kellogg peace pact by the senate. Miss Marsh said adults working in European countries last year frequently were mistaken for “children doing men’s work,” because of their dwarfed bodies. _

secular matters at services and the ballots were not distributed to these congregations. A number of priests and rectors, however, expressed complete sympathy with tl" movement. Several churches plan to take the matter up later, due to the fact that it is necessary to obtain sanctions from deacons or elders. 246 Votes for Peace Os the churches that did vote, the Broadway Methodist Sunday school turned in the largest vote after the Kellogg pact was explained by the pastor, the Rev. J. W. Mac Fall. The vote was 246 for peace. Forty-eight members of Roberts Park Methodist church signed for peace after the Rev. Edwin Dunlavy explained the movement. Declaring America is “at the cross-roads” today, the Rev. Elden H. Mills, First Friends church minister, urged the senate to act speedily on the Kellogg peace treaty, “The whole world has its eyes fixed on America. What the senate does points us to one path or another,” Mr. Mills said. Mr. Mills traced the history of the Hague peace conferences and showed how “practical men who said that what they wanted could not be obtained by arbitration,” are responsible for the conditions in Russia and Germany today. Pacifist Not Peril “It will not be the pacifist who wrecks America, but the practical man who says we can not get what we want by peaceful means, but by armament. War has been a fundamental principle of government for centuries. We have a secretary of war, why not a secretary of peace? Let’s make peace a function of government,” Mr. Mills pleaded. There were 108 ballots, unanimously in favor of the Kellogg pact, signed by members of the congregation. Dr. Frank H. Streightoff, 3342 North New Jersey street, Butler university professor, distributed ballots Friday night at “church night meeting” and urged members to write Senators Watson and Robinson. Scores of the congregation signified intention of sending letters. Illinois College Approves The “heart approval” of the faculty of Monmouth college, Monmouth, 111., of the Scripps-Howard newspapers’ move to secure indorsement of the pact by Christmas was forwarded The Times today by M. M. Maynard, faculty secretary. “This government could not make a finer Christmas present to the world,” said the letter. The faculty also directed that the Illinois senators be informed of its action, the communication said.

MARRY AT MARATHON Maid and Man Must Keep Moving on Trip for License. James Shaw of marathon A at Day’s Casino and Billie Nolan of marathon B will be married at the Casino tomorrow night. At noon tomorrow the couple will be taken to the courthouse to obtain their license and afterward to several of the downtown stores which are giving wedding presents to the newlyweds. Under the rules of the marathon contest they will be compelled to keep their feet moving all the time during their trip. At noon today the contestants in marathon A had danced 542 hours, while the marathon B contestants have been dancing 372 hours. CRAZED HOG KILLS MAN Attacks Farmer, Severing Artery in Victim’s Thigh. Bu United Press NASHVILLE, Tenn., Dec. 17.—Attack by a hog while crossing his pasture, John T. Potts, 62, farmer residing near here, died almost instantly after the crazed animal had severed a large artery in his thigh BOY ADMITS KILLING Enters Guilty Plea to Slaying Teacher. Bu United Press STANTON, Mich., Dec. 17.—A plea of guilty to the charge of murdering Miss Flossie Carter, 27-year-old Sheridan school teacher, was made today by 15-year-old Jimmy Deacons in Circuit Judge Royal Hawley’s court here. As the complaint did not specify the degree of guilt, Judge Hawley set a day “later in the week” for hearing of testimony. Hourly Temperatures 6 a. m 48 10 a. m 49 7a. m 48 11 a. m 49 Ba. m 48 12 (noon).. 49 9a. m..... 48 Ip. 46

INDIANAPOLIS, MONDAY, DEC. 17,1928

PAIN-WRACKED KING ASKS FOR ABM SONS ‘George, Henry,’ Whispers Ruler; Princes Speed Over Seas. CONDITION IMPROVES Gets Natural Sleep During Night; Hope Renewed for Recovery. By United Press LONDON, Dec. 17.—The king is able to talk a little and has asked repeatedly for his two absent sons. An intimate description of the king and scenes in his sickroom was obtained by the United Press today from a reliable source. After last Wednesday’s operation, the king was in an extremely low state and knew little of what was going on. Now, however, he is able to hold a brief conversation in a weak, low voice. “Where are George and Henry?” he has asked several times, forgetting that the two princes are at sea on their way home. Prince George is due from New York next Thursday, while Henry, the Duke of Gloucester, will arrive from Africa probably on Christmas eve. At other times the king lies motionless in the big bed, his face drawn with pain, staring at the ceiling, where a flickering pattern is made by the light of the big blazing fireplace, kept going to offset the chill of a foggy London December. Improvement Continues Occasionally the king moans, for the pain of his infected lung and chest is severe. It has been ameliorated constantly by sedatives. Sunday night he fell into a natural sleep, unaided by medicine, and the palace was cheered greatly. An official bulletin issued by King George’s physicians at Buckingham Palace shortly before noon today said: “The king had a fair night with some natural sleep toward morning. The slight improvement in the condition noted Sunday continues.” In connection with the bulletin’s metion of natural sleep, it was said to be the first time since his illness that the king had passed twentyfour hours without a sedative. A meeting of the new council of state, named to act for the king during his illness, was held at Buckingham Palace this morning. Among the earliest callers at the palace was Ramsay Macdonald, former premier and labor party leader.

Expert to Use Rays Again The prince of Wales was at the ; palace during a consultation of the doctors this morning. Sir Hugh Rigby, the surgeon who operated on the king last Saturday, joined in the consultation. Lord Dawson was at the palace for two hours and it was understood he planned to return this afternoon. The ray therapy treatment probably will be applied to the king again this evening. The natural sleep which the king had was recognized as the most important feature of today’s bulletin It was regarded as extremely bene • ficial in the circumstances and likely to help the king regain some strength. The “slight improvement” has been recorded in three consecutive bulletins covering ihe last thirtysix hours. While the advance is only a little, it at least indicates the king is on the upgrade and not sinking. Worn by Disease It is now almost a month since the king became ill. The ravages of disease ar.d the lack of nourishment have wasted his normally small body pitiably, and he is gaunt and shrunken. The king is unable to read anything and the bulletins on his condition, which at one time he insisted on hearing, are kept from him carefully. He evinces the greatest interest in the visits of the queen and the prince of Wales, and brightens pathetically when they come to the sick room. The prince is in almost constant touch with the palace. Palace servants, devotedly loyal to the royal family, are deeply touched by the long, faithful vigil kept by the queen. She has been out of the palace only for brief periods since the king became ill, and on some days has not gone out at all. COLD WAVE COMING Temperature Drop of 20 to 25 Decrees Predicted. A 20 to 25 degree temperature drop by night, ending the warm wave which has held sway here since Dec. 9, was predicted today by J. H. Armington, United States weather bureau head. The light rain which has been falling intermittently for several days will change to snow tonight, Armington said. The low temperature tonight will be 25 to 30 degrees above zero and the mercury will continue at freezing or below probably for several days, Armington said.

Wrights Honored as Pioneers of Air at Site of First Flight; Dedicate Monument in Tribute

Notables in American and Foreign Life Join in Ceremonies. ALFRED P. RECK l nited Press Staff Correspondent KITTY HAWK, N. C., Dec. 17. Into these rolling sand, hills saturated with pioneering history, America’s greatest aviation pilgrimage wended its way today to pay homage to the genuis of two bicycle makers of Dayton, 0., at the exact spot where twenty-five years ago they were the first to fly in a heavier-than-air machine. One of the men—Wilbur Wright —has been dead for 16 years. The other —Orville Wright—stood bare - headed on the slopes of Kill Devil hill while hundreds of men prominent in the life of America and many foreign nations honored the two who opened anew era in history by twel.c breath-taking seconds in the air. Brothers Are Lauded It was the first time in 17 years that Orville Wright had returned to the scene of his great conquest. He trudged up the loose hills unU' his shoes filled with sand and faced a brisk cool wind blowing in from the Atlantic a scant few hundred feet away. He heard himself and his brother lauded as great Americans by Senator Bingham of Connecticut, as a huge granite boulder monument was unvealed on the exact spot where the first flight started. He listened to congratulations from foreign delegates to the International Civil Aeronautics conference, who had journeyed a day and a half from Washington to pay him honor/ He stood with Captain Bill Tate, of Coinjock, N. C., who had befriended the two brothers in their early and trying days of 1900 to 1903. It was Mrs. Tate who sewed the cloth for the first Wright glider and it was Tate’s daughters, Irene and Pauline, who afterwards wore dresses made from that same cloth when the glider was wrecked. Arguments Are Recalled There were others who stood close by, sons of men who had watched the two brothers succeed in their early experiments. There were others like Captain Tate, who had witnessed the first flight or who were in the vicinity when it happened. They recalled arguments at Elizabeth City and nearby stores and postoffices where some of the natives openly expressed their belief that man should not attempt to fly. “God didn't intend man to fly,” Captain Tate recalled as one of the chief arguments. “If he did he would have given him a set of wings on his shoulders. No. sirree, nobody need pot try to do what God didn’t intend for him to do.” When Captain Tate defended the Wrights in the country store arguments he recalled that he was told he was a “darned sight crazier than the Wrights were.”

SLATED FOR CABINET John L. Lewis May Be Next Secretary of Labor. Bu United Press SPRINGFIELD, 111., Dec. 17. John L. Lewis, international president of the United Mine Workers of America, may be offered the secretary of labor post in PresidentElect Hoover’s cabinet, it was rumored here today. Several of the state’s political leaders are supporting Lewis and it is understood that he has the backing of the large union officials. Lewis was re-elected president of the United Mine Workers last week without opposition. FIND AGED MAN DEAD Body of F. Schlegel Discovered by Wife, Hanging From Rafter. Frederick Schlegel, 69, of 2511 Shelby street, who has operated a produce stand at city market for a number of years, was found hanging from a rafter in the garage at his home by his wife, Mrs. Louise Schlegel, today. Motor Policemen George Tipps and William Glispie found his heart still beating when they arrived after his wife had cut dow’n the body and called police. Artificial respiration was attempted but the man died before a doctor and city hospital ambulance arrived. Schlegel had been in ill health and despondent since the death of a son a year ago, members of the family said. LEAVES WRECK SCENE Man Flees From Crash After His Pal Is Injured. Police today sought the driver of an automobile who deserted his injured companion after the machine collided with a parked car in the 100 block on North Belmont avenue Sunday. The driver fled after forcing Ray Small, 1231 Roche street, from the car. Small was cut and bruised, He was taken to city hospital. Later lie was charged with drunkenness- ' {S

Entered as Second-Class Matter at Postoffice, Indianapolis

Cheated by Fate

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Celebrating the twenty-fifth anniversary of his invention of the airplane, Orville Wright explained today that the reason he couldn’t fly his own plane was because of his sciatica. For ten years the father of mechanical “sky-birds” has been unable to use a “stick.” “The vibration of the stick,” he said, “is too much for my sciatica. I can ride though and I do as often as I can.”

TWO GIRLS ARE FOUND SLAIN

Young Victims Carefully Laid Out on Road. By United Press BALTIMORE, Md., Dec. 17. Carefully laid out within a few feet of each other at the side of the Annapolis road, two young girls today were found dead, their heads crushed and their dresses tom off. Police believe they were the victims of either a hit-and-run driver or of a criminal attack. It was taken for granted at first that they had been struck by an automobile, but further investigation failed to uncover anything to substantiate this theory. A search of the road for several hundred yards showed no traces of blood or broken glass. Neither did the road show marks of automobile brakes suddenly applied, nor any traces of tom clothing. The girls, who had been missing from their homes for t- elve hours when found, were identified at a Glenbumie morgue as Maria S'olba, 16, and Thelma Vlack, 15, who live in the same block. Their disappearance overnight had not caused an alarm to be raised, as the parents of the girls, who were cousins, believed their daughters were staying at theother’s house. CHIEF 'DIES Village Marshal Mention in Knaak Case Dead of Heart Attack. Bn United Press LAKE BLUFF, 111., Dec. 17. Barney Rosenhagen, 62, village marshal of Lake Bluff, is dead of heart disease at his home here. Rosenhagen was in charge of the local police station, when Elfrieda Knaak, former Waukegan school teacher and book salesman was found dying from burns she had received in the station furnace. Tow Disabled Ship to Port Ej/ United Press CORDOVA, Alaska, Dec. 17.—The disabled steamer Starr early today was being towed to port by the steamer Alameda. The Alameda and four fishing boats went to the rescue of the Starr after she went aground off Dark island early last week.

Check Cheek! By United Press COLUMBUS, 0., Dec. 17— An Indiana sheriff has “coldchecked” Governor Vic Donahey’s executive staff. The sheriff paid the Governor’s office a visit and arranged for the extradition of a Hoosier wanted on non-support charges. He paid his $5 fee with a check. The check has been returned marked worthless." The Governor’s secretary refused to reveal the sheriff’s name.

Rum Trade! Husband Swaps Fruit of Sick Family for Spirits.

ANTONY traded his share of glory in Rome for a kiss from Cleopatra. Esau traded his inheritance for a mess of pottage. New York was traded for $24 worth of beads and firewater. African kings traded their subjects for silk hats. But it was left for George Montfort, 1324 West Twenty-third street, to trade his wife’s canned fruit for liquor, while a son lay ill in bed. his home was without coal and his faimly almost without food, according to police. And to add insult to injury, Mrs. Elizabeth Montfort told police that he came home drunk on the proceeds of the canned fruit and cursed and reviled her and the children. Montfort was held on charges of child neglect and disorderly conduct. NO EXTRA DRY DRIVE Special Efforts Not to Be Made New Year’s Eve. Bu United Press CHICAGO, Dec. 17.—There will be no special orders for enforcement of prohibition New Wears eve. Mrs. Mabel Walker Willehrandt, assistant attorney general of the United States in charge of dry law prosecutions, said here. Conferences with United States district attorneys will be held at various points on her way to the coast. Mrs. Willebrandt said this would be the first Christmas she has spent with her father and mother in eight years. DEAL 4 PERFECT HANDS Chances for Such 2,232 to One In Bridge; It Happened. CINCINNATI, Ohio, Dec. 17. The chance is 2,232.24 to one that four persons, sitting at the same bridge table, will hold perfect hands simultaneously, but it happened here. The perfect hands dealt after a shuffle and cut, wer<given to Ralph M. Hill, Mrs. Hill John Quinn and the latter’s mother SEARCH FOR BODIES Dig in Ruins of Hotel Fire to Find Blaze Toll. Bu United Press HAZARD, Ky„ Dec. 17.—Firemen continued digging in the debris of the Combs hotel today in search of persons reported missing after fire destroyed the hotel, Saturday night. Two bodies were recovered yesterday, bringing the known death toll to five,

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GUN GIRL NOT SLAYER, NEW CLEWHINTS Seen in Akron at Hour Coal Man Was Shot, Is % Revelation. *, v IDENTIFIED BY PHOTO Unexpected Angle Probed; Husband Sticks to Suicide Story. By United Pru i CANTON, Ohio, Dec. 17.—The theory that Mrs. Margaret Heldman, the “phantom gun-woman” did not kill Vernard Feam, Waco coal dealer, was adopted today by County Prosecutor Henry W. Harter. The gun girl was shot to death Thursday night as her husband Wilbur, a Lorain furnace salesman, said he was returning her to Canton to surrender her for the murder of Fearn. He claimed she committed suicide. Heldman is under arrest as a “coroner’s witness.” Seen in Akron Harter said he adopted the new theory after he was informed that Mrs. Heldman had been seen in the Akron interurban station waiting room at 6:30 p. m., Dec. 6, almost the same hour Fearn was called to the door of his home and shot down. Harter said the person who gave him his information identified the woman he saw in the waiting room as Mrs. Heldman after seeing newspaper photographs of her. The name of the informant was withheld. At the time Feam was shot to death, police followed out the theory that a man, impersonating the gun-girl, killed the coal dealer. Nothing tangible developed, however, and the theory was temporarily abandoned. Noted Sleuth to Aid Harter announced today that Ora Slater, noted Cincinnati detective who helped solve the famous Nesbitt and other murder mysteries, has been employed and will take charge of the inquiry Tuesday. Heldman today tenaciously clung to his story that Mrs. Heldman killed Fearn because he made her life a “hell on earth” and that the gun woman killed herself rather than face disgrace and the ordeal of a trial. Meantime, a series of letters she is supposed to have written are scanned by authorities. The letters —five of them, purported to reveal indiscretions between Mrs. Heldman and Fearn. The letters were written by the gun woman and Heldman and told of Heldman’s plans to obtain a divorce. It was also brought out that Heldman on several occasions had denied the paternity of the gun woman’s four-months-old baby, Emmett, who is at the children’s bureau here. Admit Lying to Husband Heldman, writing to Margaret’s sister, Mary Horner, in Dubois, Pa., accused his wife of indiscretions with three other men, both before and after they were married. The gun girl, writing to her sister, Mrs. Roy Pierce, in Canton, admitted lying to her husband and told of her meeting with Fearn. Coroner T. C. McQuate conducted another post-morten examination of the girl’s body in Dubois Sunday, where it had been taken for burial, in an effort to discover from which angle the bullet that killed her was fired. CHURCH - THIEF"SOUGHT Steals Purse as Woman Kneels at Prayer. Detectives today sought a church thief. The man stole a purse containing $4 from Mrs. J. F. Bray, 987 North Capitol avenue. Sunday as she knelt in prayer in Our Lady of Lourdes church. She had placed the purse in the seat in back of her. The man threw his overcoat over the purse and left hurriedly with coat and purse, witnesses said. Reports Theft of Furs Sheriff Bert Lucas of Martinsville today asked Indianapolis police to watch for thieves who stolen 1,000 skins, valued at SI,OOO from the Hoosier Feed Barns at Martinsville. The loot included red fox, mink, muskrat, weasel, coon, possum and skunk skins. Denies He’ll Quit Tammany Bn United Press NEW YORK, Dec. 17.—George M. Olvany, leader of Tammany Hall, returned yesterday from a brief visit to France. He denied reports contemplating retiring as leader of Tammany.

Doubled Up By United Press ATLANTIC CITY, N. J., Dec. 17.—Howard France was arrested for forgery and one Atlantic City man is extremely happy. The happy man Is France’s double who has been arrested numerous tmlea for France’s misdeeds.