Indianapolis Times, Volume 41, Number 202, Indianapolis, Marion County, 2 January 1930 — Page 2

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INFRINGEMENT IS DEFENSE OF CHAIN STORES Three U. S. Judges Sit Here on Complaint to Enjoin State Taxation. Testimony and arguments contending that chain stores are not monopolistic and that th<* state of Indiana, in attempting to enforce the 1f29 chain s( e, was la-, fringing on the constitutional guarantees of personal liberty, we-e heard today by three federal Judges. The judges sitting in the suit of La Fayette Jackson, head of the Standard Grocery Company, to restrain the state tax board from enforcing the law are: Robert C. Baltzell of he Southern district of Indiana, Thomas W. Slick of the Northern district and Will Sparks of the circuit court of appeals. Opening arguments for Jackson were made by W. H. Thompson, while . oseph W. Hutchinson spoke for the state. Not Property Tax Hutchinson declared it was within the province of the state to collect a tax on occupations and that the chain store tax was an occupational tax and not a property tax and is not discriminatory as long as it falls alike on all persons in the same class. The legislature also has a police power and in taxing chain stores it is endeavoring to regulate their growth, he argued. He said that it •was within the province of the legislature to favor one class of merchandising over another if It dec milt wise to build up a class of merchants rather than a class of clerks In a community. Has Civic Relation The chain store problems bears a definite relation to the civic and social welfare of the small communities, he said. Robert W. Lyons, executive secretary of the National Association of Chain Stores, testified there are 1,500,000 retail unit stores in the country, while there are but 150,000 stores operated by chains. Half of the chains arc food store operators, he said. Part of the revenue from the chain store tax will be used to defray school-aid expenditures, the law provides. Hearings will continue Friday, It was indicated.

SPANISH KING APPROVES PROPOSAL OF PREMIER Dictator to Abandon Post After Forming New Government. Sn T.'nit fit Prrsx MADRID, Jan. 2.—Premier Primo De Rivera announced today that the king had approved his plan for abandonment of the dictatorship and establishment of a so-called semi-normal government in Spain. The premier made his announcement after being received by the king at the palace. Asa result of the king’s decision it was understood Primo De Rivera would remain in office indefinitely and that his plan for establishment of a one-chamber cortes would be carried out. The modified form of constitutional government which the premier proposed necessitates arbitrary alteration of the 1876 constitution, which has been opposed by strong political factions.

Y. M. C. A. ENTERTAINS Open House Wednesday Attended bq 17,000; Movies Shown. The annual new year’s day open house at the Central Y. M. C. A, attracted approximately 17.000 persons, officials of the organization said. The program included motion pictures. concerts, chess, swimming and gymnasium tourneys. Milton Munger played twentyfour games of checkers simultaneously against twenty-four opponents, losing but two. Daniel B. Luten engaged in twenty-two games of chess, and lost but one. Convict Buried at Muncie Bv Time* Svrclnl MUNCIE, Ind., Jan. 2—The body of Lawrence Thompson, 29, who died of tuberculosis in the state prison while serving a life term for robbery and murder, was returned here for funeral services and burial. Thompson, with two companions, held up a meat market at Ft. Wavnc. killing Clem Foley when he resisted them.

neglect a COLD Distressing cold in chest or throat—that so often leads to something serious—generally responds to good old Musterole with the first application. Should be more effective if usd once every hour for five hours. Working like the trained hands of a tmsseur, this famous blend of oil of mustard, camphor, menthol and other helpful ingredients brines relief naturally. It penetrates and stimulates blood circulation, helps to draw out infection and pain. I'sed by millions for 20 years. Recommended by doctors and nurses. Keep Musterole handy—jars and tubes. To Mothers—Musterole is also made in milder form for babies and small children. Ask for Children’s Musterole.

SM£

Attend First Session of New Board

Three new’ faces appeared In the new Indianapolis baard of school commissioners when first meeting of the new year was held today. In the photo (left to right)are Lewis E. Whiteman and Fred Kepner, holdover members, and new members elected on the citizens’ school committee ticket, Mrs. J. Don Miller, Russell Willson and Julian Wetzel.

FARM BUREAU HEADS CONVENE Directors of State Federation Hold First 1930 Parley. Directors of the Indiana Farm Bureau Federation convened at the farm bureau offices here today for its first quarterly meeting of 1930 lasting through Friday. Reorganization of the federation, under the new articles of incorporation, adopted at the annual convention in November, was perfected at today's meeting. The new articles broadened the farm bureau’s business activities. All officers of the farm bureau elected at the convention, were retained by the directors, to serve two years. These include W. H. Settle, president; Louis Taylor, Yankeetown. first vice-president; Mrs. Charles W. Sewell, Otterbein, -second vice-president, and L. L. Needier, Marion, secretary and treasurer. Annual reports of department executives W’ill be heard Friday, including reports on organization, tax and legislation, automobile ‘insurance and livestock and co-operative marketing. <

STATE ROADS BAD Heavy T affic Is Halted by Mid-Winter Thaws. Heavy rains and midwinter thaws of the last week have made several gravel and dirt state highways almost impassable, according to A. H. Hinkle, maintenance superintendent, today. Heavy traffic has been halted on the following: Road 36, from junction with Road 43 to Rockville. Road 43, from Greencastle to Crawfordsville. Road 59, south of Rockville. Road 63, between Seymour and North Vernon, and east of Bedford. Road 54, detour east of Bloomfield, state trucks are pulling light traffic through mud. Road 24, impassable between Wabash and Huntington. Light traffic is being allowed us of new pavement, which will be closed to heavy traffic for another week. 102 TO GO ON TRIAL 51 of Criminal Court Defendants in Jail; Others Out on Bond. One hundred and two defendants are slated to be arraigned before Judge James A. Collins in criminal court Monday, Jan. 6. Included are ten charged with gaming, one murder, twelve with burglary and grand larceny and three with auto banditry. Fifty-one of the defendants are in jail; the others at liberty under bond. BANK CHARTER GRANTED State Commission Reports In Favor of Citizens’ Institution at Ridgeville. Luther F. Symons, state banking commissioner, stated today that his department had granted a charter to the Citizens State bank, Ridgeville. Merger of the Ridgeville State and First National banks formed the new bank, in line with the department's policy of consolidating small city banks. TAKES OFFICE AS CLERK Lewis Bowman Succeeds Bert May at State Tax Board Post. Lewis Bowman, formerly state auditor, today took office as chief clerk of the state tax board, succeeding Bert E. May, who becomes r. field examiner. Ray Shank, Angola, also has been appointed to the field staff, which was in annual conference today. Soprano to Give Concert Miss Helen Musick, New York city, dramatic sporano, who will give a concert in Caleb Mills hall, Shortridge high school, Saturday, called at city hall today to greet Mayor L. Ert Slack. Lindys Hop Off Bv Unilrii Print ST. LOUIS, Jan. 2.—Colonel and Mrs. Charles A. Lindbergh left I Lambert- St. Louis field at 10:03 a. m. today lor Kansas City.

ACCUSES FATHER; IT’S A BOOMERANG

After Tommy Tuggler, 23, Negro, of 1936 Darwin street, informed police his father, William Tuggler, 55. of the same address, had a still, police raided the home Wednesday night and arrested both men. The father, confronted by the son's accusation, accused his son of having twice entered the Raven Coal Company office, and produced a rifle stolen from that office. In the raid at the home, police found, they reported a fifteen-gal-lon still and a small quantity of whisky. The elder Tuggler faces charges of operating a blind tiger and possession of a still and the sou

Deadly Love Bu United Press NEW YORK, Jan. 2.—Ralph Lundgren, 22, selected the first day of the New Year as his last on earth. , He committed suicide by gas at the home of his brother-in-law, Eric Larson, in Brooklyn, after writing this note: “Eric, don’t believe in love. Love is the humbug.” The youth was said to have been in love with a girl named “Ann,” whose identity is a mystery to the Larsons.

NOW! The Court Decides That The State Automobile Insurance Association Can issue A Non- Assessable Policy Assets Over $2,250,000.00 Surplus . . . $1,000,000.00 The State Automobile Insurance Association 7th Floor Occidental Bldg. Phone LI. 8571

THE INDIANAPOLIS TIMES

is charged with like offenses, pending investigation of the father's charge. The son is on parole from the state prison. Harry Johnson, of 3900 West Vermont street, was arrested on liquor charges in a raid on his home Wednesday night in which five gallons of whisky and fifty-five empty jugs were confiscated by police and federal agents. HELD FOR CAR THEFT Millersburg (0.l Man Attempts to Start Parked Auto, Charge. Charged with attempting to steal an automobile, Delaven Loew, 20, of Millersburg, 0., was arrested Wednesday after a chase of two blocks. David Kanter of 901 South Capitol avenue, and Forest McConnell of 1905 Howard street, pursued Loew after they allege he attempted to start Kanter’s parked car at 1532 West Washington street. Troops Sent to Settlement Bu United Press LISBON, Jan. 2.—Troops have been ordered from Mozambique to Macao, the Portuguese settlement in China, to replace artillerymen who participated in the recent mutinies there.

INFANTRY DUTY MAY BE VARIED IN NEAR FUTURE War Department Conducts Experiments to Gain Striking Power. Bu United Press WASHINGTON, Jan. 2.—Private Terrence Mulvaney was a lance corporal once and an infantryman always, as Kipling fans readily wifi recall. He and his fellow doughboys the world over would be chagrined and saddened when they were introduced to the modern infantryman as visualized by the war department. An infantryman in these experimental, postwar days is as likely to yank a lanyard or tool a caterpillar truck over ploughed ground as he is to muzzle his chin against his rifle butt or brandish a bayonet. What the infantryman has come to has been revealed by the war department. Experiments Under Way If experiments are successful, the infantryman of the next war, if any, will be a composite machine-gunner, artilleryman, automatic-rifleman and whatnot with here and there an individual possessing the familiar rifle, revolver and bayonet. After experiments at Ft. Benning, Ga., Secretary of War Hurley has authorized organization of the Twenty-ninth infantry as an experimental battalion for further investigation of new- arms and tactics. The purpose is "to give the maximum striking power and capacity for sustained effort without disporportionate loss of mobility or increase of vulnerability.” Changes Made The war strength infantry battalion to be experimented with will consist of battalion headquarters, battalion headquarters company, three rifle companies and two machine gun companies. The department said changes in existing organization had been made, as follows: Two instead of one automatic rifles per squad in rifle companies. Addition of one machine gun platoon, two .37 mm., cannon and two .75 mm. mortars to the headquarters company. The effect of these changes is to increase battalion strength by 326 to 1,173 men and to increase fire power by improvement of weapons. Meantime experiments continue on a semi-automatic rifle to supplant the rifle used during the World war. Fall Fractures Leg Bu Times Special PENDLETON, Ind., Jan. 2. Phillip Jones suffered a broken left leg when he slipped and fell while moving a well drilling outfit from i here to a farm near Anderson.

Chief Clerk

Ralph E. Simpson, who after ten years’ service in the engineering department of the state highway commission, has received the appointment to the position of chief clerk.

THREE APPEAR FOR JUDT MURDER CASE Judge Collins to Rule on Ward, Ronifield and Clausen. Selection of defense counsel in th Andrew Judt murder trial today i awaited ruling of Criminal Judge James A. Collins on written appearances filed by Fred Bonifield, Seth Ward and Milton Clausen, as attorneys for Judt. The appearances were accompanied by a verified motion to correct the record with respect to the court's appointment of Alva Ruker as Judt’s counsel. The appointment was made when Judt’s trial for the slaying of his wife was interrupted two weeks ago by Attorney T. Earnest Maholm's failure to appear in court in Judt's I behalf after the trial had been in progress two days. Judge Collins said he would rule later in the week. Rucker today withdrew his appearance. Anderson Widow Dies bat Times ANDERSON, Ind., Jan. 2.—Mrs. Ella Marian Fuller. 62, is dead. She was the widow of Edgar E. Fuller, j

Sure Relief “Makes You Feel Better’’ sSSSOEfSpi 6 Bell-ans Bell-ans FOR INDIGESTION 254 and 75<t Everywhere

LINDY PREDICTS AVIATION STRIDE Air Ace Says Regular Night Flying Forthcoming. Bu United Press ST. LOUIS, Jan. 2.—Aviation is entering a year which promises ‘‘great steps forward,” Colonel Charles A. Lindbergh said in a statement in which he also reiterated his intention of continuing to fly, although married, and divulged pians to “fly a great deal over South America.” Lindbergh, who was here with his wife on a tour of T. A. T. lines, was enthusiastic over the progress of flying in 1929. and predicted it would “continue in a geometric ratio upward.” He believes the next

roiriniiTHiiil || iiiiiiiiiiiiiiiiii'iiiiiiiiiiiig^^ I Our £jggg Stores Are all excited over the Clearance Sale and the additional business it will bring in January. Every department of both stores is ready with its share of “specially provided” items for this history-making occasion. The Same Special Items! Will be on sale at both stores, so just drop into the nearest one and get your share. We Took a Walk

with the merchandise man just to see what it was all about and we ran think of no better way to tell you about it than give you a resume of what happened. Upon leaving the office we decided the yard goods department would be a good place to start. Mr. Barton, the merchandise master of ceremonies, walking on ahead, stopped before a large table of blankets. Says Barton, “If there is any doubt in your mind about the values in this sale listen to this," then turning he called Mrs. Scheer, manager of this department. “Mrs. Scheer, here’s a large lot of 70x80 blankets, we want to sell . iekly, what price would you suggest to insure immediate sale?” “On account of their generous sizes,” answered Mrs. Scheer, ”SI.OO will certainly make a real bargain and they surely will not last very long.” “All right,” said Barton, "just to make things hum in this department, sell ’em for 88c.” “Well,” sez we, "if this is the way you are going to do it, you will have to have a lot of extra salespeople.” However, we continued our investigation by following the M. M. C. a little further down the aisle to a large assortment of bed sheets—- “ How much,” asked the boss, “do you imagine we are going to sell these 81x90 sheets for?” Well, we thought if this was going to be anything like the blankets they would probably be around 98c and naturally we ventured this answer. “Well,” said Barton, "they are worth 98c and we are selling thousands of them throughout the years at this price, but in order to make this sale a real success they go at 69c, and if you want to see another real bargain, look at this,” sez he as he approached a large counter filled with unbleached sheeting. “This la 86 inches wide and goes for 24c per yard.” “Well,” thought we, "nobody should do without sheets at these reduced prices.”

The Same Items Will Be on Sale in Both Stores and you can Just drop into the nearest one and see for yourself these unusual values. All of Us at The INDIANA DRY GOODS COMPANY Store No. 1 Store No. 2 306 E. Washington 213 W. Washington Street, Street Just East of the Court Opposite the State House. House

.JAN. 2, IS'

great step will be night flying 4 regular schedules. / K “It is as essential in saving bu* ness time that planes fly at nigl ; with passengers as it is for trains travel at night.” he said. tion of two-way radio commui}.icaJ| tion between planes and grounm wireless stations was the most im-1 portant contribution to aviation irq the year just passed.” In broaching plans for future South American flights. Lindbergh said that continent is more airminded than this, largely because air lines do not ‘have to compete with highly developed railroads. Dogs Found In Fire Ruins Pi r f nitrd Press ATLANTIC CITY. N. J., Jan. 2. —Firemen poking in the ruins of a five-story tenement building which was destroyed, found two puppies. They belonged to one of the 100 tenants of the building and were unharmed. Loss was set at $300,000.

Os course, we could see by this time these were only a few of the many special items for this event, but it seemed as though all of these bargains were in the yard goods department. We changed our minds, however, as we noticed the king headed for the men’s department. It has been a long time since we saw work socks at 5c per pair, but here they are piled high and a real value. "We also have dress socks at a real bargain price,” said Barton as he pointed out a large display of men’s fancy rayon and cotton dress hose (more salespeople thought we) while we were in this department we also noticed a mighty snappy looking men’s collar attached dress shirt at 98c and upon examining the trade-mark, discovered it w r as genuine broadcloth and guaranteed fast color. "What is the regular price of these shirts?” voluntered one of our party. ‘You are looking at the regular price,” returned the merchandise manager, "and we sell hundreds of dozens of them in a year’s time, for our customers have learned this is one of the best shirt values on the market for 98c.” Down the aisle we continued to a large display of rayon lingerie, including women’s chemise, stepins and bloomers. “39c for this lingerie will keep this department working overtime,” said the chief. Working overtime was putting it mildly we thought, for we couldn’t see why it wouldn’t cause a riot with such values, but we continued on down the aisle to the glove department, and after many guesses, the closest was 69c, but the girls in the department informed us these chamoisette gloves were going on sale at 39c per pair. "It will seem like old times,” said the chief, “to have ladies’ hosiery for 10c a pair and yet here’s a real first quality cotton stocking we intend to offer at this price.” (Still more salespeople, thought we). Now you can understand why we are all excited in OUR STORES about our Clearance Sale.