Indianapolis Times, Volume 41, Number 218, Indianapolis, Marion County, 21 January 1930 — Page 3

JAN. 21, 1930

CENSORSHIP BY INJUNCTION IS UTILITIES' COAL Milwaukee Case Assumes Vital Importance to Press of Nation. BY BOYD GURLEY Editor, The Indianapolis Times MILWAUKEE, Jan. 21—Censorship, and perhaps editorship, of the newspapers of the country through j injunction. Is the aim of the utilities, as represented by the street car cystem of this city, in an appeal to the supreme court of an otherwise unimportant case. For the first time, the theory Is advanced that courts have the power to prevent publication of articles whose wording or contents are unknokn, but which might in the opinion of some judge be inflammatory of public opinion. For the first time there is an effort to use the often-abused injunction to do by judicial decree what the Constitution says may not be done by congress or the legislators of the states. This is found in the frank statement of the attorneys for the street railway company. “There must be some curb on the rights of newspapers to attack large corporations. Our corporations as well as our government must be protected from unwarranted attacks by newspapers. The court must use the power of injunction to restrain newspapers from printing what they please.” Such was the appeal of Attorney Sullivan for the street railway in asking for an injunction against the Post, a small weekly paper, which had started a crusade for lower street car fares. The question of lower fares will, In all probability, be settled by the railroad commission long before the appeal to the supreme court can be argued or decided. But there apparently is a desire to obtain a precedent, which may be carried to other states. The Post, owned by a corporation of which Walter A. Belsen, a young and pugnacious citizen, is the head, serves North Milwaukee, a suburb annexed a year ago. The suburban residents were promised the benefits of the city’s utility rates. The fare in Milwaukee is 7 cents. North Milwaukee, in the second

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CITY WOMAN DIES ON FLORIDA VISIT

Funeral services will be held at Central Christian church at 2 Friday for .Mrs. Frances Hamilton. 63, wife of Lucius O. Hamilton, 2011 North Alabama street. Indianapolis business man. Mrs. Hamilton died Monday at the Hotel Hamilton in Hollywood, Fla., where she and her husband were spending the winter. The body will be brought here Thursday morning and will be taken to the Flanner & Buchanan funeral parlors. Burial will be in prown Hill cemetery.

zone outside the city, paid 13 cents. A reduction to 7 cents was a powerful argument when the suburb was asked to give up its identity. No reduction of rates was made. Instead the company asked for revision of all its rates, hoping to get an increase in city fares. When the railroad commission delayed decision, the Post got into action. One of its readers sent a communication, which was printed, signed, “Pro Bono Publico.” It urged car riders to refuse to pay, saying no policeman would arrest any one for such a refusal. “Let’s fight for our rights, if it is necessary to use a club,” was its final appeal. The street car company asked for an injunction against publication of any similar article, declaring it was calculated to incite to violence. It declared many people had followed the advice of the article, that fares were being lost. Linked with the Post as defendants were “Bono Publico” and Richard Roe and John Doe, as representatives of all those who had resisted the fares. A clear cut issue on the power of courts to interfere with the press was made by William F. Hannan and Senator Irving P. Lanigan, who represented Belser. Other attor-

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Mrs. Hamilton was the daughter of the Rev. and Mrs. Ephraim S. Frazee. and was born in Rush county, July 12. 1866. She was married Nov. 27, 1889. The Hami.tons came to Indianapolis in 1905 when Hamilton founded the Hamilton-Harris company of this city. She is survived by the husband, three sons, Francis F. Hamilton and Lucius V. Hamilton of Indianapolis, and Oliver T. Hamilton of Tuscon, Ariz., and three brothers, Andrew Frazee of Ft. Lauderdale, Fla; Ephriam Frazee of Aberdeen, Wash., and Austin Frazee of Rushville.

neys appeared for the car riders and Pro Bono. "This isstie is fundamental. It is an effort to evade the Constitution. It is an attack on the freedom of the whole press," said Hannan. Judge Gehrz refused to issue the injunction, but his comments'weresignificant. He indicated that courts had the right to issue injunctions against newspapers, but that the facts alleged did not show the necessity in this case. The street car company appealed to the supreme court. There will be a hearing late in the fall. A serious aspect of the matter is that Judge Gehrz is regarded as scrupulously honest. He has the reputation of being free from alliances of any kind, corporation or otherwise. He also is regarded as able. That he believes courts have this power means more than if he were a political Judge, echoing the wishes of secret masters. He suggests that courts have this power, that they may enjoin editors, that they may intervene in advance of publication and assume censorship and perhaps editorship, on public questions. The popular navy bean is served on the average of four meals out of every twenty-one to the navy men.

THE INDIANAPOLIS TIMES

MURAT TEMPLE PICKS OFFICERS Frank G. Laird Named New Shrine Potentate. Election of Frank G. Laird as potentate of Murat temple, Order of Mystic Shrine, was announced today following annual election of officers in the temple Monday night. Laird succeeds Senator Arthur R. Robinson, who was presented with a diamond-studded past potentate’s jewel at the meeting. Other officers elected were; Leslie

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Police Under Strict Boles pi/ Timtu Svecial EVANSVILLE, Ind„ Jan. 21. Strict rules governing Evarsville police announced by Chief Bell, including a ban against sitting down while walking beats; entering any building except in line of duty, and none ■will be allowed to come to work in an automobile.

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