Indianapolis Times, Volume 40, Number 191, Indianapolis, Marion County, 31 December 1928 — Page 2

PAGE 2

SUIT FILED TO FORCE ACTION INJJAS case Interpretation of Contract Demanded by Counsel for J. P. Sears. Court interpretation of the conract under which the city is to acquire the Citizens Gas Company is !he object of a suit filed in Marion superior court today by attorneys for John P. Sears, 3556 Guilford avenue, ‘a freeholder, householder, taxpayer and citizen of Indianapolis.” Ancel P. Harvey and George A. Sheehan of the law firm of Harvey & Sheehan, 202 Inland Bank building, filed the suit in Sears’ behalf. The plaintiff is financial correspondent of the Connecticut Mutual Life Insurance Company and treasurer of the Co-Operative Building and Loan Association. Both the gas company and city are made defendants to the action. The suit strikes at the employment of special counsel to represent the city and prays the court to make :ts declatory judgments and decree pursuant to the “uniform declatory judgment act of the state of Indiana.” Hits at Stock Buying “The city is preparing and will spend gross sums of money for legal aid and counsel to enforce said contract,” says the complaint. Since the contract was entered into, shares of gas company stock have been purchased and are now held and owned by speculative investors “who are more interested in cash dividends and money-making than the public welfare,” it alleges. Contending that the utility has grown by “leaps and bounds” and now is worth far more than the parvalue of its stock, the suit contends that the company “is preparing and will attempt to cheat and defraud the city of -Indianapolis and its citizen? and taxpayers of their lawful right of control and ownership as specified in the terms, -covenants and conditions of said contract.” The utility and its stockholders are attempting to evade terms of the contract, the suit alleges, continuing that “this plaintiff and all other citizens and taxpayers of the city of Indianapolis, except those citizens and taxpayers that are stockholders of said company, will suffer great loss if said contract is not enforced and if the city of Indianapolis is forced to pay large sums of money for legal aid in enforcing said contract.” Squandering Is Feared The complaint sets out that “if there is a long legal controversy over said contract, the city of Indianapolis will be forced to expend large sums of money and as a result thereof the taxes of said city will be raised beyond the reach of said citizens, including this plaintiff, and when collected will be dissipated, squandered, and wasted.” 1 Asking court interpretation of the contract, the suit prays the court’s ,ydgment “shall be that under the proper construction and interpretation of said contract, the Citizens Gas Company shall be forced to fulfill all the covenants, conditions, and terms of said contract and especially those covenants, conditions, and terms that stipulate the conveyance

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Mrs. Alvin T. Hert WASHINGTON, Dec. 31.—Mrs. Alvin T. Herl of Kentucky, vicechairman of the Republican national committee, has been recommended by Kentucky Republicans for the post of secretary of interior, it was learned today.

and assignment of the entire assets of said company, as agreed upon Aug. 30, 1905.” City council appropriated $15,000 fees for John W. Holtzman and Fred C. Gause as special counsel to represent the city’s interests. Holtzman is corporation counsel and was mayor in 1905, when the franchise was granted the utility by the city. Holtzman will resign, effective Tuesday, and devote his entire time to study of the gas case. CLUB TO GIVE PLAY Leading Roles Filled for Production Scheduled in March. Miss Kathleen Spear and Carl Moore will have the leading roles in “The Road to the City,” to be presented by the Anti-Cant players in Indianapolis March 4, 5 and 6. Others in the cast will include Miss Mary Whiteman, Miss Evan Wiltsee, Miss Louise Carter, Miss Isabell Pleak, Miss Lydia Warring, Miss Opal Robertson, William Godwin, Waldo Mindach, Elmer Paul, Boyd Betts and Miss Gertrude McNeese. Ben Harris will be director, William Jenson, stage manager and Mrs. Lillian Sparks musical director. Honor Veteran Judge By Times Special CRAWFORDSVILLE. Ind., Dec. 31— Judge Jerre West who will close thirty-two years service on the Montgomery Circuit court bench Tuesday, was honored at a banquet here Saturday night, attended by seventy-five judges and lawyers. Judge West was presented with a silver cup and a copy of Albert J. Beveridge’s “Life of John Marshall.” +

Gone, but Not Forgotten

Automobiles reported to the police as having been stolen: Audley Dearing, 516 North New Jersey street, Hudson coach, from near Terminal building. I. G. Nitchman, 1004 Churchman avenue, Maxwell coach, license 651794, from Shelby and Harrison streets. Adonis Harrison, 1018 Cornell avenue, Chevrolet roadster, license 666824, from 1016 Cornell avenue. John Shimer, Wanamakher, Ind., Oakland two-door sedan, license 120-081, from Bloomfield, Ind. John Shimer, Wanamacher ,Ind., Chevrolet touring, license 666-704, from Ohio and Delaware streets. Robert Acres, 2437 Massachusetts avenue, license 629-626, from Nineteenth street and Columbia avenue. Auburn, winter inclosure, license M-1315, from Brazil, Ind. BACK HOME AGAIN Stolen automobiles recovered by the police: O. C. Berry, 48 South Dearborn street, Ford touring, found at the rear of 914 South New Jersey street. Kenwood Ti*e Company, 627 North Delaware street, Chevrolet coupe, found at Maryland street and Senate avenue. Dr. David Ross, Haverstick park, Ford coupe, found at 900 West Michigan street. Two alleged automobile thieves arrested in car. Christmas Echo GARY, Ind., Dec. 31.—There was an echo of Christmas in city court here when Harry J, Schneider was fined SIOO and costs for beating his wife because she refused to mail Christmas cards for him.

Leon L. Levy, Manager

THE INDIANAPOLIS TIMES

GOD IS MYTH, ! SAYS SAVANT, ROUSESCLERGY Pastors Deny Science Has Shown Need for New Divinity. NEW YORK, Dec. 31.—With one exception, the Ne York clergy objects vigorously to the statement made by Professor Harry Elmer Barnes of Smith college that “science has shown it to be difficult to prove the very existence of God.” Barnes made that statement Saturday before the American Association for the Advancement of Science, and many ministers responded Sunday both in and out of their pulpits. Leading the criticism of Barnes’ address was Patrick Cardinal Hayes, head of the New York archdiocese of the Catholic church. Hayes said “it was an outrage and shock to read that our God is a myth.” “It is the fashion of the day,” Cardinal Hayes said, “to see conflict and contradiction between science and religion. True religion reverses true science, rejoicing in its unfolding of the beauties of nature, because it makes manifest the omnipotent intelligence of God. “An error today is that the Catholic church is the enemy of science. One thing the church fears least is truth, whether historical, scientific or economic.” Apparently Barnes' only defender among the clergy was the Rev. Dr. John Haynes Holmes, pastor of the Community church. “I thoroughly agree with Dr. Barnes,” Dr. Holmes said, “because it is the very truth that is needed 'today. He tells us that real substance when he says that our religious life should be founded on the experience of our day and not on old founded codes of religion. It was a necessary utterance, and I agree that we should have a religion to fit our times.”

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Reductions in LONG DISTANCE RATES Effective February 1, 1929 , &/^c) I IN extending to telephone users the best wishes of the season, the Indiana Bell Telephone Company desires to announce a further reduction in the day telephone rates to many other cities at distances from 130 to 1500 miles. These changes are effective February 1,1929 Thus thousands of cities and towns, already within quick and easy reach of Indianapolis, are reached more economy ically than ever. This reduction in telephone rates —which means an annual saving to the American public of more than $5,000,000 —is the third to be made by the Beil System during a period of little more than two years. It is in keeping with the fundamental policy of the System to furnish the best possible telephone service at the least cost to the user. further announcements giving detailed information will appear shortly m ■ INDIANA BELL TELEPHONE CO.

In the Air

Weather condition at 9:30 a. m. at Indianapolis airport: South wind, four miies an hour; barometric pressure, 30.14 at sea level; temperature, 35; ceiling and visibility unlimited. Takes Solo Flight William H. Collins, 2017 Dexter street, city fireman, took his solo flight at Hoosier airport Saturday. Collins is the thirty-eighth aviation student to solo at the airport since last spring. At present the airport has nine students, who, undaunted by cold weather flying, enrolled recently to complete their instruction and be ready to fly before warm weather. Passengers on Plane Carl H. Mote. 3860 North Delaware street, was a passenger Saturday from Detroit to Indianapolis on the Capitol Airways, Inc., plane. Passengers on Capitol planes today included R. Holder of Detroit, from Indianapolis to French Lick, w'here he will speak at a bankers’ convention, and George M. Moffet, 576 FaT Creek boulevard, from Indianapolis to Chicago. Return From East President Bob Shank and Chief Mechanic French Livezey of Hoosier airport, returned Saturday from Huntington, W. Va., where they had gone Thursday on business for the airport. Take Off in 160 Feet , By Times Special ANDERSON, Ind., Dec. 31.—A monoplane recently completed at the factory of the Orin Welch Aircraft Company near here has left the ground after a run of only 160 feet, Orin Welch announces. Club Seeks Members By Times Special SOUTH BEND. Ind., Dec. 31. The St. Joseph Valley Aviation Club announces a campaign to bring its membership up to 500.

HULL LAUNCHES BITTER FIGHT TO (M TARIFF Declares High Protective Law Means U. S. Economic Disaster. BY HERBERT LITTLE I'nited Press Staff Correspondent WASHINGTON, Dec. 31. An inter-party tariff battle which will last through most of 1929 was assured today by the action of Representative Cordell Hull of Tennessee, former Democratic national chairman, in calling his party to battle for a downward revision of high protective tariffs. Hull issued a statement predicting a disastrous economic future, internationally and domestically, for the United States, especially if the Republicans raise tariffs generally as advocated by some leaders. This is a departure from the position taken by Governor Smith in his campaign. In his position on the ways and means committee, w’hich will start hearings a week from today on tariff schedules, Hull will be in a position to lead the fight against the Republican measure which Chairman Hawley plans to have ready in April for the anticipated Hoover extra session of congress. Hull struck at the Republicans’ chief tariff thesis, in a passage asserting that increased tariffs on farm relief by the majority party, really will injure the farmers more than it will help them. New and changed post-war conditions demand foreign markets rather than excessive tariff protection, he said, characterizing present rates as too high. This contradicts the stand made during the campaign by Smith, who advocated what he called a com-

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Sh! Mystery! Bu I ii ilol I‘ri s.i EVANSVILLE. Ind.. Dec. 31. Many citizens here are anxious to know’ who County Clerk-elect Harry Anderson is going to appoint as his chief deputy. The name of the man who will take the office the first day of the new year, has been a topic of discussion for the past week. When asked who he would appoint to the post Andersoii replied: “I’m not saying. You'll know Jan. 1 when you see him at work in the office.”

petitive tariff and promised to give the farmer protection as well as industry. Hull analyzed the increases in foreign trade since the Republicans enacted the Fordney-McCumber tariff in 1922. The increases have not been as large proportionately at they were before 1922, he said. And the exports have been paid for with great amounts of American money, much of which injudiciously has been loaned, he added. “American economic policy no longer can ignore the fact that since 1914 we have changed from a debtor and small-surplus nation to the greatest creditor and actual or potential surplus-producing nation in the world; that, due, not to tariffs, but to our superior labor, machinery, horsepower and to mass production, we maintain higher wages and living standards and lower production costs in an increasing number of industries, than any other country,” Hull said. PRESS MEETS MARCH 1-2 The Indiana Weekly Press Association will hold its annual midwinter meeting in Indianapolis March 1 and 2. it was anounced Sunday following the meeting of the executive board at the Claypool.

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DUMBBELLS OF ARMY AVIATION ORGANIZE CLUB Pulling a Boner in Plane Is Qualification of Membership. By 'llines spcvinl WASHINGTON, Dec. 31.—The army has anew organization, extremely exclusive, the “Dumbbell Club,” organized among flying corps members at Kelly field, Texas. To join it one must have committted in the air a deed ‘so'dumb that it goes beyond human conception,” and still live. Feats like hitting a mule in the vast airdrome of Kelly, taking off north for Dallas. and landing sixty miles southeast of Kelly out of gas, falling out of an airplane at 1.100 feet for no good reason—these are all qualifying “stunts” which actually have been performed. The neophyte is made custodian of the sacred dumbbell banner, and his name is inscribed upon the banner in the presence of all the officers of the field. He remains custodian of the banner until another member is initiated. Lieutenant J. B. Burwell is the latest member. He nosed down out of the blue and hit what is described as a “two-mule-powered grass attacker," and the plane went on its side in flames. Burwell escaped with bruises and burns. Living members of the club are Major R. C. Candee, Captain John I. Moore. Lieutenants R. L. Maughan. Maax F. Schneider, Y. A. Pitts, A. Thomas, B. B. Cassidy, Burwell, and I. S. Jamieson.