Indianapolis Times, Volume 41, Number 89, Indianapolis, Marion County, 23 August 1929 — Page 7

AUG. 23, 1929

Sharp Teeth Put in Dry Law by Passing of Jones ‘5 and 10’ Mrs. Willebrandt Declares Enforcement Is ;t Aided Greatly by Heavier Penalties Imposed on Bootleggers. • m '•till desllnit ir-ith the sobjert of pottinr the law to work. Mra. Willebrandt In tfc * artirl* tell* of the pro*reaa made before the Jones law was passed and h’ she adiooafed Its passarr. She shows bow the bi* bootlericer could operate with ea*e and contempt of the law until "teeth" were provided by enacting lerislatlon which put violation of enforcement legislation on a par with other crimes.) BY MABEL WALKER WILLEBRANDT (Copyright.. 1929. by Current News Features. Inc. All right* for publication reserved throughout the world.) ALMOST every one has noticed recently that every magazine has most attractive advertisements for the use of yeast cakes. They picture such attractive, athletic, virile looking men and women that I take some pride in having had a part in selling the idea to the country. Much advertisement of yeast follows from two cases won in the supreme court of the United States w r hich prohibited doctors from prescribing more than a pint of whisky every ten days, using beer for general tonic purposes. A large array of distinguished physicians urged that such laws were unconstitutional beoause they unduly interfered with the professional Judgment of a physician in prescribing what he thought best for his patient. But the supreme court's opinions <265 U S. 545; 272 U. S. 581) upheld the constitutionality of the law\ And so it happens that we nible yeast instead of drinking malt extract for health and vigor. * Vast sums are made by bootleggers. They never pay income tax. Frequently the way we have brought them to justice best is by investigating first their financial transactions, and assessing the tax

A bootlegging buccaneer named Manly Sullivan resisted paying any Income tax. And his best defense was that he had made his income unlawfully and it violated the Constitution to compel him to put in a tax return. He won the point, too, before the circuit court of appeals. He tried his own case, with a sense of humor, quick wit. and a glib tongue. Upheld High by Court The supreme court held in this case, however, that an income tax was collectible on profits illegally amassed. This has had a farreaching effect, touching graft. Illegal contracts and crime profits of all description, in addition to that derived from 'illicit liquor. Tax collections from bosses of the under world have reached many millions of dollars since the Sullivan decision. These decisions represent permanent gains in- the government's huge task of enforcing the eighteenth amendment. Two winds of popular disapproval and political excitement over "Volsteadism” may rage, but these foundations, though un ‘"'mlar, are sure and firm. i derly enforcement will be buiit upon them. Many tears have been shed by anti-prohibitionists, because of the amendment which the antis have labeled “The Jones Five and Ten Law.” T have heard many such comments as this: “Now you have a law that w'ill let a judge send a woma* to prison for five years for selling a quart of whisky: and probably the next, thing t.he Prohibitionists will get through is a law giving a life sentence to the bootlegger who is caught a second time, and after that you probably will try to get a ' capital punishment law for supplying the stuff that even judges are drinking. The prohibitionists are getting desperate because they know' the law can’t be enforced under reasonable penalty.” What the Law Provides How much truth is there in such statements? First, let's see what the Jones law provides: Be it enacted by the senate and bouse of representatives of the United States of America in congress assembled. That wherever a penalty or penalties are prescribed in a criminal prosecution by the national prohibition act. as amended and supplemented, for the illegal manufacture, sale, transportation, importation, or exportation of intoxicating liquor, as defined by Section 1. Title 11, of the national prohibition act, the penalty imposed for each such offense shall be a fine not to exceed SIO,OOO. or imprisonment not to exceed five years, or both: Provided. That it is the intent of congress that the court, in imposing sentence hereunder, should discriminate between casual or slight violations and habitual sales of intoxicating liquor, or attempts to commercialize violations of the law. Sec. 2. This act shall not repeal por eliminate any minimum penalty for the first or any subsequent offense now provided by the said national prohibition act. I do not believe that harsh penalties ever will secure enforcement of or obedience to laws. Certainly as the head of the department charged with responsibility for conduct of prosecutions, I would not recommend enactment of a law that would make conviction more difficult to obtain. Mercy Tempered With Justice Yet the fact is—and I say it without any compunction or pangs of conscience—that I actively advocated the passage of the Jones bill. Why? The prohibition enforcement problem would not have reached the proportions it has today if there had been adequate penalties prior to passage of the Jones law that would have deterred and discouraged and frightened the thousands who embarked on bootlegging with the thought in mind. “Well, even if I do get caught. I will get only a SIOO fine or a couple months in Jail.” Let's see what the situation was up to the time of pasage of the Jones law. Willie Haar. of national bootlegging fame, whose profits reached the sum of seven million dollars, after conviction with some sixty of his confederates, under a conspiracy charge, was given j the maximum sentence the judge could impose. That sentence was two years! And it wasn’t under the prohibition law. Under it, Haar could not have received more than six months and SI,OOO fine. In other words, a man who had by bribarv. corruption, fraud, and perhaps violence, and theft, distributed liquor through many states, was subject to less punishment than had he been con-

i victed of stealing a gold watch or J diamond ring in most states. Penalties Too Light. Penalties of the prohibition act were inconsequential during the first ten years of its enforcement, or attempted enforcement, and they ’ were totally out of proportion to the big offenses which constitute the real federal problem. They were out of proportion to the penalties that follow’ violation of other federal law’s. Yet the violation of the prohibition statute is a violation of the Constitution itself. The Jones amendment is not a new law’. It leaves most of the Volstead act untouched, raising penalties for violation of such sections ss parallel specifically with the eightenth amendment. The judge is simply given a larger sliding scale in order to enable him to fit the punishment to the crime. Every safeguard is left around the casual offender. He can be given only a fine. Or he can be given the smallest kind of a jail sentence. Everybody seems to forget the probation statute, under w’hich the judge can suspend all punishment. That is why I was for the Jones amendment. It is not oppressive. Buyer Hit, Too The Jones amendment to the Volstead act also enables the man w’ho purchases liquor from a bootlegger to be prosecuted. It ties it in with Section 251 of the United States code, which provides that whoever helps in the commission of a felony shall be fined not more than SSOO or imprisoned not more than three years, or both. If, therefore, a man purchases a case of liquor, he is helping in the commission of a felony. The Jones amendment makes it clear that congress intended it to apply particularly to commercial violations of the law. If, therefore, the prosecutor has evidence of a “hip pocket pint,” he does not need to take it to the grand jury. He

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can proceed under possession by filing an information. If the evidence shows commercial “crime for profit” feature, he should take it before the grand jury. It is the prosecutor’s duty to exercise a sound discretion in choosing the proper charge. The Jones amendment to the Volstead act already is working. It is not congesting courts. They were congested before it came along. In districts where the United States district attorney has organized his work and is using common sense, it is not proving burdensome to grand juries. Why all the hullabaloo over the hypothetical harshness of the Jones act! The Volstead infant has been in the arena ten years and big bootleggers laugh! Then why not try the "five and ten! Maybe they won’t laugh it off so easily. In her next article, Mrs. WUlebrandt will reveal some of the human flaws in enforcement. Day Programs WFBM (1230) (Indianapolis Power and Light Companyi —Saturday— A. M. 7:00 to 9:oo—Pep Unlimited Club. 1115 —Organ luncheon music (CBSi. P. M. 12:00—Patterns In prints (CBSi. 100—Syd Prussian's orchestra (CBS). 2:oo—Tiffin music (CBS'. 3:oo—Fi”e o’clock Sweethearts (CBS). 3:30 —Vacationists (CBS). WKBF (1400) (Hoosier Athletic Club) —Saturday— A. V 9 00—Home Complete program 10:00—As You Like It. varied studio music. 10:30—Livestock market; weather report. 11:00—Shopping service. 12;00—Music with your luncheon. WLW (700) CINCINNATI —Saturday— A. M. 9:oo—Crosley Woman’s hour with health talk. 9:3o—Livestock report. 9 40—Crosiev Woman's hour resumed, 10:00—Instrumental Intimacies. 10:30—Weather, river, market and police reports. 10:55—Time signals. 1100—Gene. Ford and Glenn. 11:30 —Orchestra at Hotel Gibson. P. M. 12:00—Town and Country. 12:15 Livestock reports. 12 25 News 12:30—National Farm and Home hour, 1 30—Demonstration hour (NBC). 2:45 Sk>o Concert. 3:3o—Gene. Ford and Glenn. —Saturday A. M. 8:00 —NBC System (WEAF)-O 8 -Savy band to WRC, WWJ, KYR, R'OM. 9:oo—Columbia Network—lda Bailey AlWLW (Cincinnati) —Woman’s hour. 915 NBC System (WEAF) —Household f 1!00— NBC- 1 System (WJZ)—Hotel Pennsylvania music to WFKX. KYW. WLW. KYW (Chicago)— Fantco's orches--I:3O—NBC System (W’JZ) —R. C. A. demonstration hour. I:4S—WMAQ (Chicago)—Sox vs. Philadelphia; also WGN. 3:OO—WCCO (Minneapolls-St. Paul) Minneapolis V3. Kansas City. WTMJ (Milwaukee)—Milwaukee vs. St. Paul. City Stations WFBM (1230) (Indianapolis Power and Light Company) —Friday— P. M. 4:3o—Harold Sterns Ambassador orchestra. (CBS'. s:oo—Salon orchestra. s:4s—lndianapolis Safety Council news. 6:oo—Hawaiian Shadows (CBS*. 6:3o—The Rollickers (CBS). 7:oo—Song Story. 7:ls—Columbia Club dinner ensemble, 7:3o—Salon orchestra. WKBF (1400) (Hoosier Athletic Club) —Friday— P. M 4:00 —Semi-classlca! and popular music. 5:00 —Late news bulletins and sports. 6:3o—Dinner concert. 7:oo—Studio program. 8:00 —Indianapolis hour. 8:00—Rose Tire Company.

THE INDIANAPOLIS TIMES

DETOURS OFF AS PAVEMENT IS FINISHED Several New Bridges Are Opened to Traffic on State Roads, Completion of new pavement and I bridges in the last week brought elimination of several miles of detours occasioned by the department's expansion program, according to John J. Brown, director. A seven-mile detour on Road 7 near Dupont on the road to Clifty Falls state park; completion of section of Road 35 under Southern railroad at Corydon Junction: completion of construction on Road 32 between Crawfordsville and Shannondale. and work completed on Road 39, between Antioch and Frankfort are reported. Brown called attention that some bridge gaps are now being paved on U. S Highway 41 north of Kentland, and while this is in progress a oneway traffic will prevail. Road conditions in Indiana for the week of Aug. 24-30 are: Road 3—Run around at two miles north at Greensburg. Detour around bridge construction at four miles north of Greensburg is five miles. Detour from Mt. Summit to one mile south of Muncie is sixteen miles. Detour from Fiat north to Petroleum is eight miles. Run around at one-half mi’ north of Reiffsburg. Road 28—Bridge run around at eight and one-half miles west of Williamsport. Detour frdm one mile west of TiptonCllnton line to Tipton Is sixteen miles’. Road 29—Detour from Osgood to Junction of Roads 46 and 29 is twenty and three-fourth miles. Detour from Greensburg to Shelbyville is twenty-nine Detour from one-half mile south of Boyleston to one mile north of Burlington is twenty-two miles. Detour from Winamac to three miles south of Knox is twenty-four miles. Detour from one mile north of La Porte to Michigan City is eight miles. U. S. Road 31—Detour from seven miles south of Kokomo to Kokomo Is eight and one-half miles. Road 32 —Detour from Dover to two and one-half miles west of Lebanon Is seven and one-half miles. Road 34—Detour in Crawfordsville is one and one-half miles. Detour west of New Ross is one mile. Load Limit Set Road 36—DetouF In Rockville. Fiveton load limit on temporary bridge. Road 37—Detour from four miles south of Bloomington to Bedford Is twentyeight and one-half miles. Detour from Martinsville north is six miles. Traffic can avoid detour by routing from Martinsville to Indianapolis Road 67. Road 43—Detour from one mile north of Brookston to one mile south of Chalmers Is eight miles. Runaround at one mile south of Francesvllle. Bridge run-around at two miles north of Francesvllle. Road 56—Detour from Princeton to Oakland City is fifteen miles. Detour from Jasper to a point east of Haysville is seven miles and poor, three miles being earth. Bridge run-around at two miles east of Salem. Detour ebtween Scottsburg and Blocher is ten miles:; sharp turns. Detour around earth slide at two miles west of Vevay is two and one-half miles. Detour at Mt. Vernon Road 62—Detour from city limits of Mt. Vernon east is three miles. Road 67—Detour starting at one mile east of Oaklandon is two miles. Detour from Thlrty-efghth street (Indianapolis) to a point south of Law’rence is two miles and dustless. Detour from Albany to Portland is twenty-one and one-half miles. Road not mentioned, and parts of roads mentioned, but not specified, and all detours not otherwise descibed. are in good condition.

Distant Station Dial Twisters

WLW (700) CINCINNATI —Friday— P. M. 4:oo—Tea Time Tunes. 4:3o—Livestock report. 4:4o—Polly and Anna, the Glad Girls. s:oo—Memory Tunes. s:lo—Sport Sidelights. s:2s—Baseball scores. s:3o—Dixie Circus Series (NBC). 6:oo—Triadors (NBC). 6:3o—Gillette program (NBCi. 7:oo—The Interwoven Pair 'NBC). B:oo—Armstrong Quakers 'NBCi. B:3o—Armour program (NBC). 9:oo—Gene. Ford and Glenn. 9:3o—Mavtag Radioette. 10:00—Chime Reveries. 11:00—Hotel Gibson orches'ra. 11:30—Sweet and Low Down. 12:00—Gene. Ford and Glenn. A M. 12:30—Sign off. —Friday——6:3o P. M.— Columbia Network—The Rollickers to WMAQ. —7 P. M—WBBM (770). Chicago—Musical novelties NBC System—" Whispering Tables” to WGY. NBC Svstem—lnterwoven Pairs: Big Boy and Shorty to KDKA. KYW. WHAS. Columbia Network—True Story hour. Mary and Bob to WMAQ. —7:30 P. M.— NBC System—Arthur Pryor’s Schradertown band to WGY. WSAI. WGN (720). Chicago—Dance band; harmony NBC System—Phllco theater memories to KYW. KDKA. —8 P. M.— WBBM (770). Chicago—Black Forest Tavern. NBC System—Summer melodies to WSAI, WGY. WGN (720). Chicago—Pat Barnes “The Rookie." NBC System—Armstrong Quakers; vocal; orchestra, to KDKA. WLW. KYW. Columbia Network—Bremer Tully Time to WMAQ. —8:30 P. M.— WBBM (770), Chicago—Lewis’ orchestra. NBC System—" The Family Goes Abroad.” to WGY. SWEDES TO CROSS SEA IN 24-FOOT BOAT Home-Made Craft Will Be Used in Hazardous Trip, By United Press KRISTINEHAMN, Sweden, Aug. 23.—Crossing the Atlantic ocean from Sweden to the United States in a, twenty-four-foot boat is the hazardous undertaking planned by two young Swedes, Elof Andersson and Bertil Sjoedahl of this city. They have built their own craft, which has been named the Ocean Crosser, out of spruce, on oak rib. It will carry a twenty-square meters sail and an auxiliary engine of 2.5-horse power. The entire boat is covered with a deck, and an iron keel weighing 600 kilograms will keep it steady in storms and heavy sea. The two adventurers intend to make their way along the French and Spanish coasts, and then set out across the Atlantic. They will carry provisions for two months. Plane Seized for Board By United Press EL PASO, Tex.. Aug. 23. —Seizing baggage for nonpayment of hotel bills is too old-fashioned. When a guest of the Gateway hotel here failed to meet his room and board bill, the hotel seized the guest’s airplane. The plane was redeemed by the airman.

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WGN (720). Chicago—Dane* program. NBC System—Armour program to KDKA. KYW. WHAS. WMAQ (670), Chicago—Band concert. —9 P. M KYW (1020). Chicago News; orchestra program. NBC Svstem—Skellodian Smile Girls; orchestra, to WLB. WGN (720). Chicago—Tomorrow’s Tribune; Hungry Five. WGY (790i. Schenectady—Dombergers. NBC Svstem—Amos ’n’ Andy to WMAQ, KDKA. WLW. KYW. —9:10 P. M.— WMAQ (670) Chicago—Talk; entertainers. —9:15 P. M.— NBC System—Slumber Music to KDKA.

Fishing the Air

Leo O’Rourke, tenor, will be the soloist in an elaborate program of musical gems when the Cities Service concert is broadcast over the NBC system Friday night at 6 o’clock. a a a nan “By the Waters of Minnetonka” will be sung and played during the Hawaiian Shadows program broadcast over WFBM and the Columbia broadcasting system at 6 o’clock Friday evening. In this beautiful Indian lyric Lieurance has captured much of the charm and peace of a forest lake, the vocal refrain bringing out to best advantage the unusual melody of the music, ana a a a The melancholy temperament, the imagination and intensity of the Slavic peoples, as interpreted by the great Russian composers, will be recalled to listeners during the broadcast of an all-Russian program of Slumber Music through the NBC system Friday evening at 9:15 o'clock. a * a a a a The stately dame, grand opera, embraces the flippant flapper, jazz melody, in the varied selections which will be heard during the broadcast of the Armour program from the NBC- system Chicago studios Friday evening at 8:30 o’clock.

HIGH SPOTS OF FRIDAY NIGHT’S PROGRAM 6:00 —WEAF and NBC Network—Cities Service hour. 6:3O—WJZ and NBC Network—Adventures of Nick Carter. 7:OO—WOR and CBS Network—True Stories. 7:3O—WJZ and NBC Network—Philco Theater hour. B:OO—WJZ and NBC Network—Armstrong Quakers.

“Adoration,” a song composed by Royal Andrews Merwln, arranger and pianist of the Armstrong Quakers’ male quartet, will be sung by Lois Bennett, soprano, during the program broadcast through the NBC system Friday evening at 8 o’clock. a a a a a a Just before their vessel steams out of Norfolk harbor en rout* to the Panama canal and the Pacific coast. Mary and Bob are Invited to a soiree given in their honor by one of the “F. F. V, S.” and it is here the True Story hour broadcast over stations WOR and the Columbia broadcasting system at 7 o’clock Friday night finds the two ( young travelers. a a a a a a The third act of the musical comedy “Blossom Time” will be heard when Philco’s Theatre Memories is broadcast over KDKA and the NBC system Friday evening at 7:30 o’clock. ana a a a A comic musical sketch, entitled “Bell Hops,” will be presented by Big Boy and Shorty, featuring Phil Cook and Vic Fleming, when the Interwoven program goes on the air through the NBC system Friday evening at 7 o’clock. a a a a a a Vocal solos by Mildred Hunt, contralto crooner, light melodies of today by an orchestra, and a comedy song by Joe Rines, conductor, comprise the program of popular selections which will be heard when the Triadors broadcast through the NBC system, Friday evening at 6 o’clock. a a a ana “Chastonchiki,” a song so entirely nonsensical it can not be translated from the Russian idiom, but for which the tuneful melody is enjoyable in any land, will be sung by the quartet during the b roadcast of “In a Russian Village” from station WOR and the Columbia broadcasting system at 8:30 o’clock Friday night. a a a a a a Why a circus without an elephant is not a circus will be explained by Bob Sherwood, half-century veteran of sawdust ring, in “The Ellyphants Are Coming,” and anecdote to be heard during the broadcast of the Dixies Circus through the NBC system, Friday evening at 5:30 o’clock.

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—9:30 P. M WGN (720) Chicago—Goldkette’s orchestra. WLB 'B7OI Chicago—Showboat (two and one-haif hours). —lO P. M KYW (10201 Chicago—Ftorito’s orchestra. WGN 1720' Chicago—Dream Ship: dance music (two and one-half hours'. WMAQ '67o' Chicago—Dance orchestra (three hours). —10:30 P. M WFNR (870) Chicago—Westpa! orchestra. —10:40 P. M WTSNR (870) Chicago—Comedy Sketches. —H P. M KYW <lO2Ol Chicago—Dance music (one and one-half hours). WENR (870) Chicago—Air vaudevtUe.

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LOSS OF TONSILS NO MENACE TO SINGEITS VOICE Operation Can Be of Great Benefit. Parley of Surgeons Told. BY REUEL S. MOORE United Press Staff Correspondent HONOLULU, T. H., Aug. 23.—Removal of the tonsils is no menace to the voice of a trained singer, Dr. tichard Francis of Sydney Australia, today told surgeons attending the Pan-Pacific surgical conference which is being held under the auspices of the Pan-Pacific Union. “It Is a popular misbelief that singers are apt to have their voices ruined by tonsil operations," Francis said. “I do not think careful dissection of the tonsils, without damage to the soft palate, can affect the voice. All patients of mine have had definite beneficial results.” Francis said the tonsils may be obvious or inobvious sources of poison for the system. Many cases display the typical and familiar symptoms of local inflammation, "However, the tonsil frequently is symptomatically quite quiescent when it is in a highly septic state,” the specialist continued. “The size of the tonsil Is no guide in itself.” Dr. Francis described the case of a W’ealthy Australian, who spent two years in London suffering from postnasal catarrh, and during that time underwent a variety of treatments. His tonsils were symptomless. Dr. Francis, however, decided to remove the tonsils, which brought an immediate cure. He said it was surprising how frequent dormant septic tonsils will cause definite constant, or recurring symptoms in nearby organs, as in the foregoing case. “Queen Esther” Presented By Times Special BETHANY PARK, Ind.. Aug. 23. —A dramatics class taught by Miss Grace Baird, Chicago, presented “Queen Esther” at today’s session of the Bethany Pearl Assembly of the Christain church. Fair Makes $4,480 Profit. Bjl Times Special . MUNCIE, Ind„ Aug. 23.—This year’s Muncie fair made a profit of $4,480. Frank J. Clfiypool, secre-tary-treasurer announces.

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