Indianapolis Times, Volume 41, Number 285, Indianapolis, Marion County, 9 April 1930 — Page 11
Second Section
COUNTY CLERK WINS SALARY BUDGET FIGHT judge Leathers’ Mandate Will Force Council to Grant Pay Plea. APPEAL TO BE TAKEN Battle Waged Since First of Year on Request for More Money. County Clerk George O. Hutsell today scored a decisive victory in his flpht for a SIO,OOO total pay raise so; twenty-seven of his employes, when Superior Judge James M. Leathers ended tao months of litigation bv issuing a mandate which will compel the county council to allow HutseU's budget pay request for 1930. Made after a labyrinth of legal technicalities were offered today by County Attorney Clinton H. Givan and William H. Faust, attorney for Hutsell. and his clerks, Leathers’ ruling in substance holds that salary fixing power of county officials tupersedes the power of the county council. Givan indicated he will appeal fxT.hers' decision to the supreme court. Start Legal Sparring The legal cross-play began today, when Givan withdrew his petition for a change of venue of the cases out of Marion county, at the same time withdraw ing a demurrer to the clerks’ original complaints. Faust then filed amended complaints for the clerks. To this action, Givan, representing the county council, county commissioners and County Auditor Harry Dunn, filed demurrers. Leathers overruled the demurrers, to which Givan refused to plead further, declaring he would abide by the court's ruling in the demurrer. Leathers then issued the mandate. specifically in one case, but applying to the twenty-six other litigants, mandating t lie council to meet at once to appropriate the additional SIO,OOO for HutseU's pay roll. Litigation Long Drawn Out The litigation began last January, when factional political fighting between Hutsell and Coffin members of the council culminated in an attempt of the council to curb HutseU's pay scale setting. As result, Hutseli’s budget was clipped SIO,OOO, affecting the twenty-seven clerks. Each clerk later filed suit. Ruling of the supreme court on Crivan's appeal of Leathers’ decision willettle a long-disputed fight between county officials as to whether the council has authority to pass on the sufficiency of county employes pay. Recent ruling on a county case of the same question. Special Circuit Judge Sydney Miller held with Leathers that the council had no discretion in judging clerk's pay. As result, the council last w r eek was forced to appropriate $9,300, which It previously had slashed from the juvenile court budget. HONOR WAR VETERANS ON APPOMATOX DAY Tribute Paid to G. A. R. by Attorney on Historic Anniversary. “Appomatox day to soldiers of the Civil war stands like the Armistice to the veterans of the World war,” Asa J. Smith, attorney, declared at the Appomatox day celebration at Ft. Friendly. 512 North Illinois street, this afternoon. The event honoring G. A. R veterans was under auspices of the Women's Relief Corps. “Appomatox day marked both victory and peace and the triumph of ideals for which men had fought,” Smith said. "To the old soldiers, we of the younger generation pay our tribute. They have been in the past, and will be in the future, our Inspiration. “They are the ones who laid one of tile corner stones of the great American union and saved it in a time when the storms beat upon it. Let us of the younger generation follow their lead. GIFT RECEPTION SLATED Mexican Children Send Pottery and Toys to Museum. Receipts of a gift from Mexican children is to be the occasion for a reception at the children's museum, 1150 North Meridian street, at 3:30 Thursday. The gift, in the form of baskets, pottery, toys and other articles, was sent to children of Indianapolis in return for a large number of "goodwill” school bags sent to Mexico in 1928. fileTaYditry charge Two Held on SIO,OOO Bonds As Suspects in Holdup. Affidavits charging Paul Prince and Donald Joseph, with robbery, in connection with the holdup' of Walter Freihofer, head of the Freihofer Raking Company. March 10, when SSOO w as obtained as loot, were filed before Criminal Judge James A. Collins today by Prosecutor Judson L. Stark, Pending arraignment and fixing of a trial date, the defendants now are in the county jail in default of SIO,OOO bend.
Full L*b4 Wire Service of the United Pres* A*nodatlon
Fox Gives Up After Fight of 60 Hours Five Men Miss Sleep for Three Nights to Swing Theaters Away From Control of Film Wizard. Bn 1 nited Pres* NEW YORK. April 9.—The story Pecan* known today of how five men went more than sixty hours without sleep in the continuous conference that finally persuaded William Fox to sign a paper that removed from his control the $300,000,000 motion picture industry which he reared out of a nickelodeon. List Friday noon, Pox met four men at the Bankers’ club. During luncheon they discussed the advisability of Fox selling 151,000 shares of Class B stock.
From his window, William A. Fox today sees the reflected glow of theaters once had.
point where he was ready to sign the agreement, but each time he balked when they handed him a fountain pen. It was not until the conference was about to break up that Fox capitulated and signed the agreement.
CLEANUP ORDERED IN CALUMET AREA
A Dogs Back Bu Times Special LIBERTY, Ind., April 8 Jesse Marthal has been forced to decide that he won’t give away a dog. Three times he has presented the animal to friends, and as many times it has come back. It was taken first to Boston, Ind.; then to New Paris, 0., and finally to Winchester, Ind. P “opriately enough, a road ,ap was found in the dog’s Kennel at the Marthal home here.
SHOW REVEALS ELECTRICAL AGE Modern Household Appliances Hold Limelight at Exposition. Special demonstrations of electrical apparatus and appliances at the ninth annual home complete exposition of the Indianapolis Real Estate Board in the manufacturers’ building at the state fairground exemplify the electrical age. Automatic telephone mechanism is shown to demonstrate its working and the new grid-glow tube which operates electrical apparatus also is a feature. Girl Scouts are showing cooking and housekeeping with electrical devices. J. C. Penny of New York, president of the J. C. Penny Stores, will address the Real Estate Board’s weekly luncheon at the Claypool Thursday noon on “Economic Changes" and will view the exposition while here.
WALPOLE BOOMED FOR CITY HALL JOB
Appointment of Martin H. Walpole, 959 High street. Eleventh ward Democratic chairman, as chief clerk of the assessment bureau and Barrett law departments, was predicted today at city hall. Walpole would succeed Glenn B. Ralston. Third Ward chairman, who resigned to become candidate for county clerk. The appointment is made jointly by City Controller William L. Elder and the works board. Walpole will be the thirteenth prominent worker in the city organization to land a city hall berth. Withdrawal of a number of Democrats from the primary race is expected to result from a meeting of more than thirty city employes and other Democratic workers Tuesday night in the office of attorney Jose-nh McNamara, attorney and works 'x>ard clerk, at 1050 Consolidated building.
COURT IS LAUDED BY U. S. JUSTICE
Bu United Pres* MARION, Lnd., April 9.—Willis Van Devanter. associate justice of the United States supreme court, returned to his birthplace here Tuesday night to address members of the Eleventh District Bar Association. Justice Van Devanter, in his address, announced that he would avoid all controversial matters in connection with the activities of the supreme court, and instead he spoke of the powers of the body,
The Indianapolis Times
These present were Fox, Samuel Untermyer, his attorney; Harley L. Clarke of Chicago, who later was elected president of the Fox interests; Ulbert Greenfield of Philadelphia, an intimate friend of Fox, and A. C. Blumenthal. At luncheon it became apparent that the discussion would last for some time, so the five men went to Clarke's office, there they conferred for hours, finally moving to Untermyer’s suite in the Hotel Ambassador. By this time all four of Fox’s companions were trying to persuade him he should sell his stock and salvage some cash. Fox stood in the middle of the room, fighting off their arguments, while the four men, hoarse from their long conference, went over the case endlessly. Several times they had Fox to the
East Chicago City Judge Takes Slap at Police Force.* mi Times Special EAST CHICAGO, Ind., April 9. Taking what is regarded as an open slap at the police department here, City Judge Michael Harvan has ordered a “clean up” of the community embracing Indiana Harbor and East Chicago. The judge’s attitude was revealed when he announced commissioning of James Kerrin. former police captain, as court bailiff. This action is taken as an affront in police circles, particularly because Kerrin was discharged from the police force about a year ago at the time of the campaign between Raleigh P. Hale and Frank Dale for the mayoralty. Kerrin later appeared as a witness against Hale and Chief of Police James Regan when they were placed on trial in the federal court at Hammond on charges of conspiracy to violate the liquor laws. FATHER OF SIX CLEAR IN WIFE MURDER CASE Jury Acquits Despite Reported Deathbed Accusation. Ru United Press NEWPORT, Ind., April 9.—A Vermillion circuit court jury returned a verdict of not guilty in the case of Mike Dotlitch, 54, Jacksonville. charged with the murder of his wife in October. The state charged that Dotlitch shot his wife and then attempted suicide by shooting. Dotlitch testified that his wife shot him and then turned the gun on herself. It was said Mrs. Dotlitch, just before she died, accused her husband of killing her. They had six children.
Purpose of the conference was to “get a good ticket” through elimination of a number of candidates and It was understood that a committee was appointed to confer with Leroy J. Keach, county Democratic chairman, to that end. A number of prominent Democratic city hall employes attended, despite Mayor Reginald H. Sullivan’s announcement that there will be no “city hall machine.” Street Commissioner Wilbur Winship. who is said to have presided, declared thert* was no attempt to “dictate a city hall slate,” and that there were representatives present from each ward in the city. E. Kirk McKinney, works board chairman, who resigned as city chairman after the campaign, said he did not attend, but learned of a get-together of some Democratic workers.
scope of activities, methods and recent changes that permit speedier handling of cases. “Supreme court justices, as well as others, are not infallible, but they labor diligently and do their work well,” 'the justice said. “The supreme court has had among its members many great jurists, among them Chief Justice Taft. But none has been greater John Marshall, who served as chief justice for thirty-four years.”
INDIANAPOLIS, WEDNESDAY, APRIL 9, 1930
TAXPAYER IN SUIT ATTACKS HE BOARD
Question Raised as to Legality of Rescinding Public Works Contract. THREE CASES ON FILE One of Companies Affected Gets Order Against Officials. //it I'iinr - Special .uiJNGTE, Ind., April 9.—Litigation resulting from action of the board of works in rescinding sixteen public improvement contracts awarded during the administration preceding that of Mayor George R. Dale, who took office in January, is increasing, the latest being a suit by Horace Weber, as a taxpayer. Weber's suit attacks the board, raising the question of its authority to cancel the contracts, and that its action in rescinding them was taken without due notice to contractors, property owners and Muncie taxpayers in general. It is declared that unless the board’s action is prevented from becoming effective, contractors involved will sue the city, causing loss to taxpayers. Irregularities Alleged In defense of the canceling, the board has asserted irregularities existed in connection with awarding the contracts, and that the previous board was without authority to award contracts for work which w'ould not be completed until after terms of members expired. Os the sixteen contracts rescinded, ten were held by the W. M. Birch Company; four by Curtis & Gubbins and one each by W. iM. Turrence and the McGuff Construction Company. Contract Holder Sues Two suits resulting from the cancellation have been filed by the Birch company, based on two contracts. One case asks an injunction to prevent the board from carrying out rescinding, and another seeks to prevent it from awarding a contract for resurfacing a street to the Andrew's Faving Company on a bid higher than one submitted by the Barber Asphalt Company through W. M. Birch. A temporary restraining order w'as granted by Judge L. A. Guthrie in Delaware circuit court on the first suit. At the time of cancellation. Feb. 21, the Birch company had started work on four of the projects for which it held contracts. COUPLE FOUND DEAD Police Make Discovery in Gotham Apartment. P, if United Press NEW YORK, April 9.—Dr. Maxwell B. Allen, a physician, was found dead today in his duplex apartment in a fashionable section, near a bed on which lay the body of a young woman, about 22 years old, shot through the throat. Alertness of a telephone operator W'ho notified police when she could get no response from the open telephone led to the discovery. The young woman was identified tentatively as Miss Florence Lapelle, the doctor’s secretary-nurse, Eoth bodies were clad only in night clothes.
Bomb Suspect
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Mrs. Elina Legos Bji Times Special MARION, lnd., April 9.—For the second time in a few months, Mrs. Erma Legos, widow of Andrew Legos, one of five men tilled by bombings here since October, has been questioned by investigators of the "pineapple” terror She was one of six against, whom murder conspiracy charges were filed today. Road Work Planned f>u Times Special ANDERSON, lnd.. April 9.—Madison county commissioners have ordered notice of determination to issue three-mile road law bonds for paving two highways in North Anderson, one to cost $30,726 and the other $11,790.68. R. H. Ellis. Orestes, was awarded contracts to build three bridges over the Swanfelt ditch, near Elwood. Each bridge will cost $1,145.
4 Believe It or Not 9 in Talkies
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Proof that “Believe It or Not,” which appears daily in The Times, is one of the most popular features ever created is offered by the fact that radio and movies have signed up “Believe It or Not’s” creator, Robert L. Ripley, to put “Believe It or Not” on the air and the screen. Ripley is shown (right) at the New York studio
FOUR INJURED AS GAR KITS TRUCK Three Women, Man Hurt in Trolley Crash. Three women and a man were injured, none seriously, when a West Michigan street car crashed into a fourtcen-ton gravel truck at Michigan and Agnes streets early today. The vestibule and front part of the street car were wrecked, and from the wreckage police extricated Oliver Guthrie, 56, of 265 North Holmes avenue, motorman. who sustained severe cuts and bruises. Miss Etta Coleman, 28, of 421 Lynn street, sitting in the front of the street car, also was cut and bruised badly. Mrs. Ethel Groom, Negro, 922 North Elder street, and Miss Ada Williams, 18, Negro, 514 Patterson street, were shaken up. All except Miss Williams were taken to city hospital. Ivan Buskirk, 27, of 724 North New Jersey street, truck driver, escaped injury. The street car was derailed.
FACE BOOZE CHARGE Two City Men Arrested on Sheriffs Charges. After a chase through downtown streets at 6:30 this morning, deputy sheriffs arrested Homer Johnson, 31, of 902 North Pennsylvania street, and Fred Farber, 19, of 618 South Meridian street, on charges of transporting liquor and operating a blind tiger. On information that liquor deliveries were being made each morning at Walnut and Lafayette streets, deputy sheriffs lay in wait there today. When the car driven by Johnson approached, the deputy sheriffs the latter gave chase in two cars, crowding Johnson’s car to the curb at North street and the canal. Deputy Sheriffs Harvey Shipp, Charles Bell, Henry Kremes and Clifford Lee say the car contined five tins of alcohol, a total of twenty-five gallons, and that Johnson and Farber admitted they had been engaged in liquor selling for a month. COP WATCHES THEFT Hoards Bus to Overtake Fleeing Suspects in Bobbery. Patrolman Dale Smith watched a man climb from an auto into the rear of a grocery truck speeding on Oliver avenue at White river early today, and saw several cartons of cigarets thrown from the truck to a man and woman in the machine behind the truck. The thieves spied the policeman, and fled. Smith boarded a Peoples Motor Coach Company bus and overtook the car. .* Albert Mulbarger, 20, of 1534 Lee street: Frank Riley, alias George Gordon, 24, of 1515 College avenue, and Miss Ruby May, 21, of 1526 Ashland avenue, all were arrested on petit larceny charges. Pastor Begins Lectures Bu Times SDedal BLOOMINGTON, Ind„ April 9. Dr. Burris A. Jenkins, pastor of the Community church, Kansas City, Mo., opened a three-day lecture series at Indiana university here Tuesday night with “Russia and Her Students” as his subject. He was brought here by the university Y. M. C. A.
of Warner Brothers, where he is rraking a series of talkies. With him are (left) the director, Murray, Roth, and (center) Paul Fung Jr. and cameraman. Little Paul, who has a small role in one of the Ripley pictures, is the son of the only Chinese comic strip artist, Paul Fung, who does “Bughouse Fables” and “Dumb Dora.”
Brown County to Be Host at Blossom Fete By Times Special NASHVILLE, Ind., April 9.—Plans are already being made for Brown county’s second annual Blossom Festival which will be held here on a date to be set as soon as trees begin blooming. James Davis, who had charge of last year’s event, is preparing for this spring’s festival. A parade of floats depicting spring time will be pne of the features of the program. The artists colony of Brown county will be open to the public and homes and business houses throughout the county will be on an open house basis, and the county art gallery here will hold its spring exhibition. LIBRARY SETS NEW RECORD FOR MARCH Temporary Personnel Shifts Forced by Demand for Books. “No other March in the long history of the public library has witnessed a use of its resources by the men, women and children of Indianapolis that approaches except remotely that of this month,” Luther E. Dickerson, Indianapolis Librarian, told members of the school board today in his monthly report. Increases in circulation In the various departments were as much as 40 per cent in some instances and temporary shifts in personal will have to be made at once, to meet the demands upon the library, Dickerson stated.
Artist-Explorer Here
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Miss Caroline Mytinger, Cleveland, artist-explorer is shown sketching Mrs. John L. Ott in front of the Junior League shop, 158 East Fourteenth street, where she is holding forth while in Indianapolis.
FOUR SHOTS FIRED AT GIRL IN AUTO
Four shots were fired into tin automobile driven by Miss Florence Bowby of 1417 St. Peter street, on the Madison road three miles south of Greenwood, Tuesday night, and police today are seeking two men, one a former friend of Miss Bowby. That jealousy and pique at her refusal to accept the man’s attentions longer caused the shooting, is belief of sheriff’s deputies. Miss Bowby was driving toward Indianapolis when a car that had
Second Section
Entered as Second-Class Matter at I’ostoffiee, Indianapolis
RED MEETINGS ARE ALLOWED Safety Board Will Not Put Ban on Communists. Communist meetings in Indianapolis will not be barred as long as speakers do not advocate destruction of property, the board of safety ruled today. Several Sunday night meetings in the city have been attended by police officers who made a report of the affairs to Police Chief Jerry Kinney and the board. Kinney reported to the board there was nothing objectionable at a meeting Sunday night on South Delaware and Maryland streets. “Let ’em talk,” declared Frank C. Dailey, board member. “Yes, there was no talk of property destruction or disloyalty,” commented Charles R. Myers, president. “What do you mean by disloyalty,” queried Donald S. Morris, Republican member. “Oh, talk about overthrowing the government,” he replied. “That’s all right,” Morris declared. “Some of our government is so rotten that it should be overthrown. We all talk about that every election time. I’m in favor of letting them talk and blow off steam.” Former Merchant Buried py Times Special CRAWFORDSVILLE, Ind., April 9.—Funeral services were held here Tuesday for John Bischof, 76, former local merchant, who died Sunday in Indianapolis after a three weeks’ illness following an operation.
followed her own car passed her and a man opened fire. One shot struck a headlight of her car and a second punctured the radiator, throwing the car out of commission. An hour after the shooting John Dean, of 828 Woodlawn avenue, reported his automobile stolen. Police say the car used by the gunman, containing two men, bore license plates Issued to Dean. Officers were unable to locate Dean or his brother, Edward Dean, for questioning.
SCHWAB HOLDS UPPER HAND IN STEEL MERGER Result of Vote to Be Made Known at Meeting Late Today. EATON BELIEVED BEATEN Proponents of Consolidation Claim Easy Victory in Balloting. BY HARRY W. SHARPE United Tress Staff Correspondent YOUNGSTOWN, 0., April 9. Stockholders of Youngstown Sheet and Tube Company met here at 11 a. m. today and adjourned until 8 p. m., when formal announcement will be made as to whether the Sheet and Tube-Bethlehem Steel Corporation merger has been ratified. ! Adjournment was ordered after it was announced that tallying of the stockholders’ vote, forced through in a turbulent session late Tuesday night, could not be completed until late today. Meantime, merger proponents were claiming overwhelming victory, asserting they polled 870,000 shares, 79,000 more than required to win. Injunction Is Denied An injunction to restrain the Sheet and Tube proxy committee from voting 51,038 contested shares of stock in the proposed merger was denied today by Common Pleas Judge C. S. Tumbaugh. The injunction was sought by Otis <fc Cos. of Cleveland, of which Cyrus S. Eaton, chief opponent of the merger, is a partner. The contested shares were voted by the proxy committee Tuesday night, wffiile the injunction proceedings were pending. The merger proponents maintained they had been victorious easily. All indications supported their claim. Though no official statement on the trend of the balloting was made, the general feeling was that Charles M. Schwab and Eugene Grace, directing the Bethlehem forces, had been successful in their battle to create an industrial giant second only to the United States Steel Corporation. . Eaton Attorney Objects The stockholders convened at 8 p. m., but were not called to order until 10:15 p. m., when, after brief preliminaries Eugene Bennett, mem-, ber of Sheet and Tube’s legal staff, read a lengthy resolution moving the merger be ratified. The motion was seconded immediately and President Purnell ordered ballots distributed. This was the first Indication a vote was to be taken and Harold T. Clark, attorney representing Eaton, who reputedly controlled 200,000 shares, leaped to his feet with an objection. Purnell's order for the poll, coming with dramatic suddenness, fell like a bombshell and there was a brief burst of cheering. “I object, Mr. President," said Clark, jumping to his feet. “There is not a quorum of stockholders present. The election inspectors (charged with counting proxies of absentees) have not finished their work, and I further object that this vote can not be taken until Mr. Eaton and his associates have been furnished data bearing on Bethlehem’s offer.” Disregards Objections The chair disregarded the objections and a moment later, Clark was on his feet again. “On behalf of Otis & Cos." he said, “I further protest the right of the pro-merger proxy committee to vote 51,038 shares of stock purchased by Otis & Cos. since March 22, now invalidated as voting stock by the time limit fixed by the board of directors. An injunction suit filed by Eaton Tuesday in the name of Otis & Cos.. to prevent the proxy committee from voting the stock, and a ruling was expected today. The suit contends a directorate rule, laid down at the time the stockholders meeting was called, specified that stock changing hands after March 22, would not be eligible to vote. Eaton, through the Cleveland brokerage house In which he is a partner, purchased the stock last week on the theory, according to his associates, that with the proxy committee deprived of the 51,038 shares, his chances of polling onethird majority or enough votes to win were enhanced. As ballots were passed among the stockholders, Clarke entered two more objections and then sent for Eaton. Supplied by Bethlehem “We are advised and have reason to believe,” he said, “that large blocks of proxies were acquired with money supplied by Bethlehem. I hereby protest on the ground that it involves a violation of the Sherman and Clayton Anti-Trust acts." Eaton arrived, accompanied by C. A. Otis of Otis & Cos., who conferred briefly with Luther M. Day, associate counsel, and Day arose and demanded to know whether the 51,038 controversial shares 1 were being voted. He was answered indirectly by Newton D. Baker, former secretary of war representing the proxy committee, who addressed the stockholders briefly/ saying he saw no reason why the shares should not be voted. Anderson Widow Die* ANDERSON, Ind., April 9.—Mrs. Leora Brough, 60, Is dead at her home here follow'ing a short Illness. She was the widow of Clarence Brough, former Anderson storekeeper. She leaves a brother, Liva Toon, Indianapolis, and a strandchild.