Indianapolis Times, Volume 40, Number 214, Indianapolis, Marion County, 25 January 1929 — Page 1

fj^PW-TOw!RD|

DEATH TAKES ‘UNDERWOOD OF AIM’ Former Solon Passes at His Residence Near Mt. Vernon. SENATE PAYS TRIBUTE Became Known to Millions of Radio Fans During 1924 Convention. By I"nitffl Press WASHINGTON. Jan. 25.—Former Senator Oscar Under-wood of Alabama, who became known to millions of radio fans as the subject oi the “twenty-four votes for Underwood” call which opened every ballot in the 1924 Democratic nat'onal convention, died at his counry home. “Woodlawn,” near Mt. Vernon, Va.. today. His death came at 11:15 a. m. following a stroke last month from which he seemed to be recovering i rMI a few days ago. Within a few minutes after his death, the senate adjourned out of respect for one of the most dis- ■ nafuished Democrats who had sewed in that body in many years. Underwood, was author of the T' tderwood tariff act which was enr, ed at the begining of the Wilson administration. He was minority leader in the senate for several years. In 1924 he was a. conspicuous contender for the Democratic presidential nomination. He was a member of the American delegation to the Washington arms conference in 1921 and the sixth Pan-American conference at Havana a year ago. Quit Senate in 1926 His health began to fail a few years ago and he retired from the senate in 1926. purchasing the historic estate “Woodlawn” near Mt. Vernon. “Woodlawn” was built by George Washington for his adopted daughter. Sally Custis. who married Ills nephew. Colonel Lawrence Lewis. The house was designed in 1805 by Dr. William Thornton, who designed the capitol. and is considered by architects as the finest example of Georgian style in America. Underwood was unusually popular among senators and congressmen of both parties. Comment on his death included: Senator Curtis (Rep.. Floor Leader) —He was one of the finest men I ever knew. I served with him many years in both senate and house where we all liked him and respected him. Senator Borah (Rep.. Ida.)—Underwood was one of the finest men I ever met in public life. He always was a gentleman and he was devoted to his work. He was very able. Kellogg Pays Tribute Senator Overman < Dem.. N. C.)— The south has lost one of its distinguished leaders. He was a veryfine and lovable character. Senator Walsh (Dem., Month— Mr. Underwood occupied a verylarge and very important place in our public life. He was a wise legislator and a most admirable gentleman. Senator Harrison 'Dem., Miss.)— I know of no man who has served in public life whose colleagues loved him more than they did Oscar Underwood. Secretary of State Kellogg described Underwood as a statesman of the highest order. “In the passing of Senator Underwood,” he said, "the country' has lost one of its great men and one of its most conscientious servants.” Underwood achieved his real popular fame in the 1924 Democratic national convention in Madison Square Garden w’hen the famous roll-call answer, “twenty-four votes for Underwood” became a national catch-line for a few weeks. In President Race He was a candidate for the presidential nomination and was favored as a compromise by some wet forces after Governor Smith was eliminated as the possible nominee. Alabama being the first on the list of states in each roll call, selected then Governor Brandon, with leather lungs, to announce the state's vote. Throughout that convention each of the 103 ballots was begun by Brandon shouting, "Twenty-four ,v/ves for Oscar Underwood.” Finally the entire convention made it a practice to join Brandon in shouting out Alabama’s vote, to the amusement of the millions listening in by radio. Educated in Virginia He was bom in Louisville. Ky., educated at Rugby school there and at the University' of Virginia. He was elected a Democratic member of the house of representatives to the fifty-fourth, fifty-fifth, fiftysixth. fifty-seventh, fifty-eighth, fifty-ninth, sixtieth, sixty-first, sixty-second and sixty-third congresses and elected a member of the United States senate on March 4, 1915, and served until 1927. H© is survived by a widow, Mrs. Bertha woodward Underwood, and two sonar Oscar Jr. and John Louis. Burial will be in Birmingham, Ala.

Complete Wire Reports of UNITED PRESS, The Greatest World-Wide News Service

The Indianapolis Times Generally fair with severe cold wave tonight, lowest temperature near zero; Saturday increasing cloudiness, unsettled with snow and warmer in afternoon.

VOLUME 40—NUMBER 214

John Coolidge Is Too Busy to Visit Fiancee Bn United Press NEW HAVEN. Conn., Jan. 25. John Coolidge has felt the sting oi intense application to duty. “Can’t you join us at Miami?” his fiancee. Miss Florence Trumbull, telegraphed him. “There isn’t a chance to get away 1 have too much work to do here to be taking a vacation in Florida,” the President’s son replied. $120,000 SET AS BANK LOSS Examiners Complete Check of Books at Shelburn. BY GEORGE SCOFIELD Times Staff Correspondent SULLIVAN. Ind., Jan. 24.—Depositors in the wrecked First State bank of Shelburn stand to lose at least $120,000 through the frenzied manipulations of Jessup F. Bolinger. former head of the town’s only depository, it w'as learned today as state bank examiners, under direction of K. V. Brow'nell, completed their probe. The bank was closed after a series of startling events Jan. 16 which began when the body of Edgar D. Maple, vice-president of the Peoples National Bank of Sullivan, w'as found with a bullet in his forehead in his hank. Bolinger. after an alleged suicide attempt, admitted forging some $250,000 in notes, $115,000 of which were held by Maple's bank. He is held in county jail here on forgery charges. Receiver Sought A hearing on an application for receivership for the bank was to be held before Circuit Judge A. E. Dcbaurn this afternoon. A. E. Barr, chief state bank examiner. arrived in Sullivan this morning to aid in the presentation of the examiners finding regarding the defunct Shelburn bank. It was understood that H. V. Stark, manager of the Shelburn Telephone Company' would be appointed receiver. With the announcement of the shortage amount, the little town of 1.200 was plunged into gloom. It had been expected that a shortage would be discovered in the institution, but it had been estimated at less than $50,000 on the face of Bolingers first statement that his bank was solvent. More Violence Threats Business in the town is virtually at a standstill, and many families are seriously' discussing moving to another community. Threats of violence against Bolinger have become more open, especially among coal miners. Investigators, now confident there was a definite connection between Maples’ death and Bolinger’e alleged suicide attempt, have virtually abandoned the first theory that Maple committed suicide and are concentrating on a murder theory and the attempt to apprehend his slayer. 2 DIE OVER DEATH FEAR Husband Kills Wife. Then Self Rather Than Face Future. Bu United Press IRONTON. 0., Jan. 25.—The fear that he would die, leaving his wife alone In the world, caused Albert M. Hartley, 51, an Insurance salesman, to kill her, then shoot himself, police said today. Bodies of the couple were found in their home here last night. The motive for the killings was revealed in two notes left by the insurance man. HOLD UP BOOTH RULING Hearing Postponed on Salvation Army Head's Suit. Bji United Press LONDON, Jan. 25.—A hearing on an injunction obtained by General W. Bramwell Booth to restrain the Salvation Army high council from electing his successor was adjourned today until Tuesday. Find Gold in Turkey Gizzard &</ United Press WESTERVILLE, W. Va„ Jan. 25. —Gold valued at S2O was found in the gizzard of a turkey killed here by Mrs. V. M. Mercer.

NEW YORK WILL HONOR HEROES OF SEA RESCUE

Bu United Press NEW YORK, Jan. 25.—As a clumsy-looking, but heroic craft of the American merchant marine—the America of the United States line—continues today to battle its way through a lashing northwest gale to this port with the rescued crew of thirty-two of the abandoned Italian freighter. Florida. New York is preparing one of its most tempestuous welcomes for the gallant rescuers. Captain George Fried, master of the America; chief officer Harry Manning, who exhaust'd himself in a superlative display of seamanship, the eight members of the America’s

COFFIN INS COUNCIL RULE BY ‘TREASON’ Dodson Faction Member Casts Vote for Enemy Giving Rivals Control. SECRET IN CUSPIDOR Dunn Sets Fire to Ballot; Stands Guard Against Newspaper Men. Several torn pieces of paper, burning in a cuspidor and guarded by Councilman Paul Dunn, today held the secret of what member of the C. O. Dodson, F'wublican county faction committed political treason. This member voted for a George V. Coffin faction candidate to fill the vacancy created by the resignation of John E. Shearer, w'ho now is a county commisisoner. The Coffin faction won control of the council by today's vote. Thomas E. Hamlyn of Acton, operator of a canning factory. w r as named to succeed Shearer. Hamlyn was nominated by Dr. Sollis J. Runnells. member of the Coffin group. The voting was by secret ballot and it only took one to put Hamlyn in. over Frank Holmes, retired Indianapolis dentist, nominated by Frank Cones of the Dodson group. Drops Ballots in Cuspidor Before the voting started, the lists held three Dodson men opposed by three Coffin men. Each councilman wrote his ballot on a slip of paper and handed it to County Auditor Harry Dunn, Dunn called them off—four to two. Cones and Grant Moore, another Dodson support, blinked and looked at each other. The Coffin group settled back with smiles and sighs. Harry Dunn handed the ballots to President George N. Montgomery who returned them to him. Dunn tore them in two and dropper* them into a cuspidor by his chair. Montgomery then was asked by a reporter who cast the deciding ballot. He admitted he, Paul Dunn and Runnells had voted for Hamlyn but was uncommunicative on the fourth voter. Paul Dunn prevented a reporter from examining the contests of the cuspidor. Control Five Votes Following the meeting Moore was angry enough to fight, and said so. Cones still was bewildered. The only other member of the Dodson faction who voted is James Edwards, real estate man. He left the council chamber hurriedly. With Hamlyn's vote the Coffin members will have five votes, enough to oust Moore, who is under indictment in criminal court for interest in a gravel contract, if they desire. Another vote obtained this way and Cones could be ousted, throwing full control to the Coffin crowd without opposition. Paul Dunn, who guarded the torn ballots, also is under indictment in criminal court for alleged perjury. HUNT FISHING SMACK 24-Hour Search Reveals No Trace of Vessel. By United Press NEW LONDON, Conn., Jan. 25. Five coast guard destroyers and a dozen fishir. ? vessels continued today to search for the trawler Seiner which started for New London fro*-! George’s Bar.Ks, 300 miles off the coast, late Sunday and has not been heard from since. A day and a night of search failed to reveal any trace of the fishing vessel, which carried twenty men. DE RIVERA IMPROVES Spanish Premier Reeoveriifg From Slight Illness. By United Press MADRID, Jan. 25. General Miguel Primo De Rivera, premier of Spain, was improving steadily today from a slight attack of the grippe w’hich forced him to rest. The premier’s physicians said there was no fever and he was considered in no danger. De Rivera expects to preside at a cabinet meeting Monday it was said.

crew who voluntarily manned the rescuing lifeboat under Manning’s command, and '"lief Radio Operator Nelson Smith, of the America, Saturday are to taste the first fruits of heroism for their spectacular victory over the stormcrazed seas. New York will honor, too, the thirty-two men of the Florida who fought against almost superhuman odds to keep above the sea’s surface for four days and who were “dazed and hysterical,” according to Captain Fried, when Manning and his men removed them, ill. injured, and almost naked from the rapidly sinking, rudderless derelict.

INDIANAPOLIS, FRIDAY, JAN. 25, 1929

‘Home Again as Citizen of U. S.; Good-Bye to Being Australian

IT was a “homecoming” for Mrs. Anna Frisch, 3047 Park avenue, today when she took the oath of allegiance and was decreed a United States citizen by Federal Judge Robert C. Baltzell. Fifty received final citizenship papers from Judge Baltzell, but it meant more to Mrs. Frisch than to many of the others. She was born an American citizen. Then she married Morris Frisch, who was born in Australia, and lost her citizenship. Frisch later became naturalized, but Mrs. Frisch was compelled by law' to go through a simple naturalization process to regain her citizenship.

MIDDLE WEST IN GRIP OF BLIZZARD

Mercury Down to 30 Below in Some Places; Heavy Snow Reported. Hourly Temperatures 6 a. m 32 10 a. m 15 7a. m 30 11 a. m 16 Ba. m 24 12 (noon).. 15 9 a. in.... 18 1 p. m 18 „ A severe cold wave reaching a low mark of about zero tonight was predicted today for Indianapolis by J. H. Armington, United States weather bureau head, The cold will coml from the northwest and is what is left In that section of the frigid spell which was scheduled to come this way Wednesday, but was shunted off by the storm from the south which brought ram here Thursday, Armington said. The lowest temperatures so far this season were reported today in western Canada and the Dakotas. A 50 below zero was recorded at Prince Albert, Sasketchewan. The low mark in the United States was 32 below at Williston, N. D. STOCK MARKET WILL EXPAND Membership to Be Raised to 1,375. By United Press NEW YORK, Jan. 25.—The New York Stock Exchange will increase its membership of 1,100 by 25 per cent, it was announced at the opening of the market today. The memberships will be increased by 275, making the total, 1,375 members. The change has been under consideration for some time and was forced by the tremendous turnover in stocks which was straining the capacity of the former membership in execution of orders. Anticipation of an increase has brought the price of Exchange seats to the high of $625,000 each. RESCUE 40 IN _ TRAIN Passengers Buried Under Avalanche Brought to Safety. By United Press BUDAPEST, Hungary, Jan. 25. Forty passengers, buried under the snow when a Rumanian passenger train was caught in the path of an avalanche, have been rescued, it wa repc:ted today. REPORT FOCH BETTER French War Leader’s Condition Termed Improved; No Visitors. By United Press PARIS, Jan. 25.—Marshal Ferdinand Foch has improved from heart attacks and a kidney disorder to such an extent that his physicians announced today they would discontinue daily bulletins. The marshal still is not allowed to receive visitors. Abolish Political Parties By United Press VIENNA, Jan. 25.—A1l Jugoslavian political parties had been abolished today in accordance with King Alexander’s policy of conducting a non-po 1w "al government, dispatches from Belgrade said. The final six parties were dissolved yesterday and their headquarters sealed.

WANTED TYPEWRITERS TYPEWRITER “Remington.” cond. wonderful bar.?, for quick sale. Be. 4193. Typewriters, office equipment of all kinds are quickly sold when Times want ads are chosen as the "salesman.” The little ad above sold the typewriter very quickly and sent a good many away disappointed. Results such as this are reported daily by satisfied users of Times want ads. When in need of want ad sendee call RHey 5551 and a courteous ad taker will help you to write an ad that will bring RESULTS. If you have a typewriter for sale turn it into CASH now.

“Be sure and show the American flag on my coat,” said Mrs. Frisch as her picture was taken. "It certainly seems good to be back again.” Naturalization request of Percy Leonard Read, 41, a public accountant. w'as continued for the third time. Read, bom in England, has declared his conscientious scruples prohibits him from swearing to take up arms and shed blood ih time of war, although he would lay down his own life for the United States if needed, according to federal authorities.

By United Press .CHICAGO, Jan. 25.—The entire middle west was in the grip of a blizzard today, a heavy snowfall tying up rail and highway traffic and sub zero temperatures causing intense suffering in the poor districts of the cities. Temperatures ranging from 5 to 8 below' in lowa to 20 and 30 below in Colorado and Montana were reported at the government weather bureau, lowa lay under a sixteen-inch blanket of snow. Highways were blocked and wire communications hampered by the cold and heavy fall of snow'. Subzero temperatures were reported from Kansas and several Missouri streams were nearing flood stage from a heavy, cold rain Thursday. Beloit, Wis., was storm-bound today after twelve hours of sleet and snow'. Interurban and bus service w'as paralyzed and trains in that sections were running hours late. Southwest Shivers By United Press KANSAS CITY, Mo., Jan. 25. Icy temperatures prevailed in the southwest today. Lowest temperatures of the winter were recorded in many sections and a cold northwest wind added to the suffering. A low of 7 degrees below zero at 7 a. m. was reported at Omaha and the thermometer was continuing its drop. Other cities in Nebraska also reported sub-zero temperatures. Spalding reported 16 below; Central City, 10 below; Columbus, 8 below; North Platte, 5 below'. Northwest Is Frozen Bn United Press ST. PAUL, Minn.. Jan. 25.—The snowbound northwest today entered the fourth day of the worst cold wave of the winter with a toll of seven deaths, crippled transportation and untold suffering. Western Canada, Montana, the Dakotas, Minnesota and Wisconsin suffered most and In some territories the snow was drifted to a depth of fifteen feet. At Prince Albert the temperature dropped to 50 degrees below zero while at Winnipeg, Bismark, Pierre, Moorhead and other cities temperatures ranged from 18 to 28 degrees below. sift dry Tilling Case of Niagara Fails Coast Guards Near Ju j. By United Press ELMIRA, N. Y„ Jan. 25.—The case of Boatswain Frank L. Beck and Surfman Glenn Jennings of the coast guard, accused of manslaughter for the killing of Jacob D. Hanson, prominent Niagara Falls Elk, may go to the jury in federal court here today. FAVOR SALARY BOOST FOR INDIANA JUDGES Senate Committee Recommends Passage of Bill. Salary increases totaling $183,500 for 102 circuit, superior, criminal, probate and juvenile court judges of Indiana were to be recommended to the state senate today by the committee on organization of courts. The committee late Thursday decided to report favorably on the senate bill introduced by Senator Earl Rowley of La Porte, increasing the basic salary to judges from $4,200 to $6,000. This sum, paid by the state, w’ould be in addition to salaries paid the courts, by commissioners in several counties. The salary boost w'ould entail an increase of one-third of a cent in the state tax rate. “Priest” Jumps Taxi Fare By United Press WATERBURY, Conn., Jan. 25. Police are searching for a man dressed as a Roman Catholic priest who fled after a 30-cent taxicab ride here Thursday night, saying, “I don’t pay taxi fares.” Asks Divorce for “Dead Soldiers’ Bit United Press COLUMBUS, 0., Jan. 25.—Mrs Jessie E. Walsh, Columbus, has sued her husband for divorce, claiming he placed empty whisky bottles on the lawn to humiliate her.

Mrs. Anna Frisch

Lives of Three Are Taken by Boys’ Bonfire B,y United Press BUTTE, Mont., Jan. 25.—The attraction which fire held for two small boys cost three lives when their tiny bonfire built in a paper box destroyed the home of George Hendra. Joseph, 4, Richard Hendra, 3 built their bonfire in a paper box. When it blazed they became frightened, tossed the flaming box in a clothes closet and hid under the bed. The fire spread and consumed the house. The two boys and their baby brother, Daniel, 1, were burned to death. CHANGEKOSMGOUNTS Driver of Auto Killing Two Is Rearrested. * JMax Kos, 34. of 245 West Thirtyeighth street, was arrested on two criminal court capiases charging manslaughter today when on the motion of the state, Municipal Judge Paul C. Wetter dismissed the original manslaughter charge against him., Kos on New Year's eve drove his car into a group of street railway workmen at Linwood avenue and Washington street, killing two. The new charges accuse Kos of manslaughter while speeding and manslaughter while driving under the influence of liquor. FIGHT TO SAVE LIVES OF CONDEMNED PAIR Appeal to State Supreme Court to Keep Couple From Execution. By United Press 7 NEW ORLEANS, La., Jan. 25. The fight to save Mrs. Ada Bonner Leboeuf and Dr. Thomas Dreher from being hanged at Franklin on Feb. 1, for murdering Mrs. Lebouef’s husband, was resumed before the state supreme court today. Defense attorneys filed a petition asking for a review of the decision by the district court which denied their previous application for a lunacy commission to examine the condemned pair. RACE DRIVER KILLED Argentina Speed Test Has Tragedy on First Day. By United Press BUENOS AIRES, Jan- 25. —Argentina’s grand national automobile race, which began at 6 a. m. today, had its first tragedy when Paris Giannini was killed at Bartolome Mitre, about 110 miles from here.

CONFESSES PISTOL DUEL WITH CITY PHARMACIST

You can pick up a bandit in any Indianapolis poolroom, according to Paul J. Lynch, alias Robert Hughes, alias Darlington, 19. In a statement written by himself, Lynch today admitted he was the youth who engaged in a pistol duel with Charles Friedman, proprietor of a drug store at 10G2 South Meridian street, Saturday. Lynch said he went into the store with the idea of looking it over and later get someone else to aid him in holding it up. “I had no one in view at that time, but knew I could go into any poolroom and get someone to go along on a stickup,” he said. Evidently suspecting him, Friedman grabbe da revolver and fired at him, Lynch said. He had started to run, but turned and fired back, he said. Friedman's bullet probably would have killed Lynch but

Entered as Second-Class Matter at Postoffice, Indianapolis

SHUMAKER’S FREEDOM PLEA IS DENIED BY U. S. JUDGE; NEXT STEP STILL IN DOUBT

AFGHAN PRINCE BORN Deposed Queen Bears Eighth Son in City of Refuge. By United Press LONDON, Jan. 25.—Souriya, the attractive queen of Afghanistan, whose love of the west and its ways cost her a throne, has given birth to an eighth child, the Daily Express correspondent at Bombay re•jorted today. The child, a boy, w'as born Wednesday at Kandahad, Afghanistan, where Souriya sought refuge with her husband, the abdicated ruler Amanullah, when revolution overthrew his government. $200,000 FIRE AT MISHAWAKA Half a Block in Business Section Burns. Bit-United Press MISHAWAKA, Ind.. Jan. 25. Fire of undetermined origin swept half a block of the main business district of Mishaw’aka today, causing damages estimated at $200,000. The first alarm sounded at 2 a. m. and it W’as 4:30 before five companies succeeded in controlling the blaze. Department, novelty and clothing stores were burned. This is the second disastrous downtown blaze in this section of Indiana this w'eek. Tuesday a SIOO,OOO fire razed a quarter of t a South Bend business block. ACCUSER OF FILM STAR DENIES FUR THEFTS Dancer, Who Said Berry Her Child's Father, Given Hearing. Bu United Press , . HOLLYWOOD, Cal.. Jan. 25. Juanita Montanya, dancer, who sued Wallace Beery, film actor, for $1,000,000 charging he was the father of her child, was given a preliminary hearing here today on a charge of hurglary. Miss Montanya Is charged with stealing furs and clothings from the home of Mrs. Frank Kelly. The dancer pleaded not guilty. BOOM TROLLEY HEAD C. W. Chase of Gary May Succeed Todd. Charles W. Chase, president of the Gary (Ind.) Street Railways Company, will be elected successor to the late Robert I. Todd as president of the Indianapolis Street Railway Company, according to rumor current in utility circles here. Chas has distinguished himself in traction circles, it is said, by placing run-down transportation properties on their feet. He has been commended widely for building up the South Shore electric lines in the Calumet region and for his management of the Gary company. Chase’s election is being deferred, rumor has it, until the public service commission acts on the $70,000,000 utility merger before it. FIRE BLAMED ON AUTO Blaze Causes SSOO Damage; Laid to Short Circuit. A .short circuit in an auto parked in the basement of a four-story dwelling at 63 North Addison street, was given as the cause of a fire which caused a loss estimated at SSOO Thursday afternoon. The house is occupied by T. L. Hople. Sparks caused a fire at the one story dwelling adjoining at 65 North Addison street, with an estimated loss of SSO. Germany Favors Kellogg Pact By United Press BERLIN, Jan. 25—The bill regarding ratification of the Kellogg anti-war treaty has been approved by the German federal council.

for the fact the powder in the cartridge had lost its strength from age police said. A tin display case deflected the bullet. Lynch, the day before, escaped from a marine sergeant who was taking him to Quantico, Va., to face a sentence for deserting from the marine corps. Earlier that day the sergeant had taken custody of Lynch at the Indiana reformatory at Pendleton, where he had completed serving a robbery sentence. He will be turned over to marine authorities for punishment on the desertion charge. Lunch was arrested Thursday night at the home of Mr. and Mrs. Harold Chadwell, 2650 East Thirtyfourth street. He was hiding under a bed, revolver in band. His statement exonerated Mr. and Mrs. Chadwell of any knowledge of the holdup attempt, .... - - . .

HOME

Oufsldc Mnriou County S Oats

TWO CENTS

State Supreme Court Is Upheld by Ruling Handed Down by Baltzell. REMANDED TO PRISON Dry Crusader Still Has Chance to Appeal to Higher Tribunal. The Rev. E. S. Shumaker, superintendent of the Indiana Anti-Saloon League, todaj r faced return to the Indiana state farm for sixty days for contempt of state supreme court in 1925 unless his attorneys found some way of taking his case to the federal circuit court of appeals at Chicago or the United IStates supreme court. Shumaker's back was put up against the wall when Federal Judge Robert C. Baltzell this morning denied his petition for a writ of habeas corpus to prevent the sheriff of Indiana supreme court from taking him to the state farm. Judge Baltzell gave attorneys until 2 this afternoon to study the text of his order. At that time the record was completed and attorneys were to file any motions they desired. Sheriff Is 111 Ethan A. Miles, attorney for Shumaker, said after an hour and a half conference of the league headquarters committee with the superintendent, that no decision as to what can be done was reached and he would ask Judge Baltzell for a of execution until Shumaker’s plans are made for him. State attorneys were not expected to object to this. Sheriff William L. Resoner of supreme coui„ is ill in hed at his home and could not ta’:e . humaker away immediately. He could name County Sheriff George L. Winkler his deputy for .the job but there appeared to be no hurry on the part of the state. Hold Council of War Those in the Shumaker council of war at league headquarters In the Roosevelt building were: The Rev. C. H. Winders, chairman of the headquarters committee; the Rev. E. T. Albertson, the Rev. H. B, Hostetter, the Rev. E. M. Edwards, the Rev. B. R. McKee of the committee; Frank Shellhouse, L. E. York and B. E. Ewing, Miles and Shumaker. Shumaker came out of the meeting distrait and nervous. He brushed past reporters, refusing to talk. Ordinarily he is cheerful and chatty. Shumaker in court this morning looked over the copy of the decision, read the sentence at the end remanding him to the custody of Sheriff William L. Resoner and ejaculated: “Oh, my!” Judge Baltzell ruled against Shumaker on the three major points he raised against supreme courts power to imprison him. • Upholds Supreme Court The judge ruled that the supreme court had original jurisdiction to cite Shumaker for contempt in a case of this kind; that the court had the right to hear the evidence and sentence him; that Ed Jackson, then Governor, had no power to pardon Shumaker and that the fact that the supreme court did not order Shumaker back to the farm to complete his sentence until after the calendar term of sixty days had expired made no difference. Gilliom was in the courtroom when the decision was handed down but Attoney-General James M. Ogden, his successor, was not. Odgen had sent his deputy Joseph Hutchinson to represent him. Ogderi refused to accept Gilliam’s offer of assistance in the case when Gilliom went out of office. Gilliom was receiving congratulations upon his successful prosecution of Shumaker from many quarters. Gilliom in Court Supreme court found Shumaker guilty and committed him to the farm and fined him $250 Oct. 18, 1928 after legal maneuverings lasting two years. Shumaker paid the fine and started to the farm the next day with the supreme court sheriff but was released within a few hours upon a pardon issued by the then Governor, Ed Jackson. Arthur L. Gilliom, then attorneygeneral. immediately moved the supreme court to order Shumaker oack to the farm to complete the sentence on the ground the Governor usurped power in issuing the pardon. The supreme court Dec. 28 held that Shumaker must serve the sentence. Shumaker exhausted a lew technical moves and then went to federal court, Dec. 29. The court issued a temporary habeas corpus writ which kept Shumaker out of jail for the time being. This writ was dissolved by Baltzell today.