Indianapolis Times, Volume 41, Number 294, Indianapolis, Marion County, 19 April 1930 — Page 1

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GIANT MSULL MERGER MOVE TURNED DOWN Proposed $70,000,000 Utility Consolidation Denied by Commission. FILE RECEIVERSHIP SUIT T. H. f I. & E. Action Expected to Come Up Today in Federal Court. Appointment of a receiver for the Terre Haute, Indianapolis <fc Eastern Traction Company in federal court here today la expected to be the next step taken as aftermath of the public service commission denial of the proposed $70,000,000 Instill utilities merger Friday afternoon. Immediately upon official announcement of the merger denial, receivership suits were instituted against both the T. H., I. & E. and the Indianapolis Street Railway Company by the Westlnghouse Electrie and Manufacturing Company. The street car receivership action was filed in Marion circuit court. Judge Harry O. Chamberlin appointed George C. Forrey Jr. receiver. The Westlnghouse company allege! Indebtedness of $6,186.56 ■Against the street railway and $33,755.51 against the T. H., I. & E. Subsidiary of T. IL. 1. & E. The Indianapolis Street Railway Company is a subsidiary of T. H., I. & E., the latter ow’ning common stock of the street railway company. The petition proposed joining T. H, I. & E. and the Central Indiana Power Company properties Into a new concern to be known as the Indiana Electric Corporation. Denial was based on over-capital-ization and lack of benefit to the public involved in the move, according to the order in denial written by Commissioner Howell Ellis, who presided at the hearings. Denial had been predicted as early as March 17 by The Indianapolis Times. Chairman John W. McCardle and Commissioner Jere-West joined In support of the entire Ellis order, but Commissioners Calvin Mclntosh and Frank Singleton submitted additional opinions in denial based on leek of commisison jurisdiction. All Are Unanimous All were unanimous in the decision to deny the merger on the evidence however. The Mclntosh-Slngleton opinions were based on the attorney-gen-eral's opinion to Mclntosh, received at the start of the merger hearings. setting out that under the Spencer-Shively utilities law’ the commission is without jurisdiction to merge unlike utilities in different sections of the state. The merger properties included electric, lnterurban. water, gas and ice plants in thirty-eight counties. 371 towns and cities and affected two-fifths of the state’s population. Opposition attorneys' motion to dismiss because of lack of jurisdiction, was overruled before the Ellis order was adopted. The vote was 3 to 2. with Mclntosh and Singleton voting in suppo- 'heir jurisdictional contentions. Closes With Findings The Ellis order occupied thirtyseven pages, setting out the entire history of the case and reviewing the evidence. It closed with these findings, which all commissioners approved: "1. That the earnings of the merged property will not adequately provide for operating expenses, Including depreciation and taxes and interest, amortization and dividend requirem* *■ T "hich would result r*" ?d structure of stock and bonds. >posed merger is not in the public interest. M 3. That the prayer of the amended petition filed Nov. 29, 1929. should be denied.” Petitioners were ordered to pay $84,119.42 for expenses incurred by the commission in connection with the merger hearings and $35.16 for legal advertising. Expended in Appraisals The money was expended in appraisals and audits made for the commission * The merger petition first was filed Aug. 27, 1928. It was assigned to Harvey Harmon, then a commissioner. who later appeared as attorney against the merger. upon Harmon’s retirement from the commission. Ellis was assigned the case, but all commissioners heard the evidence. From time consumed in reaching a decision, mass of evidence, and scope of properties involved, it is the largest case in the history of the Indiana commission. The receivership suits are expected to result In reorganization of the interurban and street railway properties. Their poor financial condition and the idea that the light and power users might, have to pay for financing them was one of the big points made in the Ellis order. Hourly Temperatures < a. m 42 8 a. m 47 T ft. 0ft..,, 43 It m..... 53 , _ , 10 a. m..... 66

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VOLUME 41—NUMBER 294

150 Persons Die When Church Burns at Good Friday Rites

Bv Unit'd Press BUCHAREST, April 19.—Nearly 150 persons, one-tenth of the entire population of the little village of Costeshtl, Rumania, died when the church In which they had gathered for Good Friday services Friday night became a blazing furnace. The bodies of ninety-six persons were recovered today. Seventeen of the worshipers are in the hospital, so badly burned

4 ARE KILLED AS BIG PLANE IS WRECKED High French Air Official Dies as Canadian Ship Crashes in Fog. Bv United Press NEW YORK. April 19—An unexpected change in weather conditions was cited today as responsible for the deaths of Count Henri De La Vaulx of Paris, president of the Federation Aeronautique Internationale, and three other persons when a Montreal-Newark monoplane crashed near Jersey City Friday night. Earl F. Ward, chief of operations of the Canadian Colonial Airways, Inc., operators of the airline, conducted a preliminary investigation : of the accident and issued a statement in which he intimated that there was no actual evidence of neglect. The occupants were burned almost beyond recognition when the plane, groping through the fog for a landing place, struck a high tension wire and crashed to earth a moment later. The dead: Count Henry De La Vaulx, 60, of Paris. Mrs. Mary E. Gallagher, 27, of Providence. R. I. Arthur V. Conklin, 33, of Huntington, L. I. John Salway, 37, of Albany, N. Y„ the pilot. Little w’as left of the Fairchild monoplane when officials extinguished the flames and removed the bodies. The crash severed a wire which supplied power for most of the downtown section of Jersey City', and it was some time before lights could be restored. Count De La Vaulx was. a noted aviation enthusiast. CENSUS TAKER SAVED Nearly Loses Life in Taking Poll In Stretch of Desert. Bv United Press LOS ANGELES, Cal.. April 19. William J. Little, census taker, suffered hunger and thirst and almost lost his life in enumerating 198 inhabitants in a 400-mile stretch of desert. Little, almost dead, was picked up In a dry lake on the edge of Death valley by a motorist and brought here where he reported to his chief that ’’the census was taken.”

Villagers Prepare for Passion Play

Stars who will take leading parts in the 1930 Oberammergau Passion Play, the great religious spectacle staged by natives of the little Bavarian village of Oberammergau, Germany, are pictured here. At the left Edward Bierling. the town’s baker.

ROMANCE, MYSTERY, TERROR BLEND IN NEW TIMES SERIAL, STARTING MONDAY

jyjURDER in its most terrifying guise stalked down Lovers’ Lane; the Red Mask struck swiftly and silently, then vanished: terror gripped the big factory city. It struck home at Mary Della Chubb, heroine of The Times new serial, starting Monday. Life had moved on an even keel for Mary Della until that night on Cheshire road. Her daily work, dances, a theater now and then, a “steady”—that was

Increasing cloudiness tonight, becoming unsettled with

there is little hope for their survival. The victims will be buried In a common grave Sunday, on the site on the destroyed church. Every family in the towiTmourns the death of some member. In many cases whole families, both parents and children, were wiped out. Twenty members of the village choir are known to have perished.

PORK PRICES LOWER |- IN WEEK-END TRADE; Cattle Market Nominal at Sharply Lower Prices for Week. The week-end saw a depression In hog prices at the Union stockyards, the market ranging 15 to 25 cents lower than Friday’s average. The bulk, 150 to 275 pounds, sold for $10.25 to $10.50. Top price was $10.50. Receipts were 4,000, holdovers 456. Cattle receipts were 100, the trade nominal and sharply lower for the week. Vealers were 50 cents lower at sll down. Calf receipts were 250. Sheep were quotably steady, with a few spring lambs at sls. Receipts were fifty. Chicago hog receipts were 8,000, including 6.000 direct. Holdovers were 2,00. Hardly enough on hand today to make a market. Choice 170 to 210-pouna weights held at $10.50 and above: 260 to 270-pound weights, $10.25. Cattle receipts were 500; sheep, 4,000. QUIGLEY NAMED PRO AT SHANK Succeeds Roy Robertson as Golf Course Head. Appointment of Joseph B. Quigley, 22, Seville apartments, as pro- j fessional and manager of the Sarah Shank golf course, replacing Roy Robertson, was revealed today at city hall. Salary is $1,500 & year. Superintendent A. C. Sallee appointed Quigley, after some “difficulties” were had with Robertson, who has been at the course since the opening more than a year ago. Sallee is out of the city until Monday, park attaches said Friday. Adolph G. Emhardt, park board president, said he knew there was some dissatisfaction with Robertson's services and he understood that he resigned. Sallee was authorized by the board to make appointments and report the action at the following Thursday meeting, Emhardt declared. The board Informally discussed the matter on Thursday, but the appointment was not confirmed. Both Robertson and Quigley are Democrats. Quigley is a nephew of J. Frank Quigley, an employe of the J. L. Keach commission house, which is owned by Leroy J. Keach, Democratic county chairman. Five Die in India Riot Bv United Press CALCUTTA. India. April 19.—A sergeant major of the Anglo-In-dian forces and four Indians were shot and killed in an outbreak of insurgents at Chittagong, Bengal. Friday night.

who plays the part of Moses, delivering bread en his bicycle. In the center, above, is Anton Lang, speaker of the play's prolog. at work in his studio. At the right is Miss Hansi Preisinger, who takes the role of Mary Magdalene. In the circle is Alois Lang, who plays the part of Christ.

INDIANAPOLIS, SATURDAY, APRIL 19, 1930

Two priests also were among the victims. Eyewitnesses agree that the great loss of life was due to the fact that there was but one main door to the church, opening inward. The village mayor was among those trapped when the panicstricken congregation rushed the door as fire spread from flimsy curtains to the frame structure of the building.

CRITICS STUDY NEW MOVES IN WET-DRY WAR Observers Ponder Hoover Stand on Law as Hints Fly. BY NATHAN ROBERTSON, United Press Staff Correspondent WASHINGTON, April 19.—President Hoover’s private views on prohibition, after a year spent in a position where he observes its inner workings, were the subject of much speculation today as observers pondered two significant developments. These developments, giving unprecedented intimations that high officials are not satisfied with the results of prohibition were: A declaration by George W. Wickersharn, chairman of the President’s law enforcement commission, that it may be necessary to modify the prohibition law to obtain “maximum abstinence from the use of liquor.” Language Is Cautious Revelation by the senate lobby committee of a letter written by W H. Stayton, chairman of the board of the Association Against the Prohibition Amendment, expressing the opinion, as a result of conferences with congressional leaders, that the President is “beginning to doubt whether prohibition can be enforced.*’ Wickersham’s statement, made in cautious language before the American Society of Newspaper Editors, was: “To obtain the maximum abstinence from the use of liquor, it may be found necessary to modify the eighteenth amendment or the national prohibition laws.” Then immediately he added: “I express no opinion on that point. Opinions differ. That is a fair field for discussion.” Regarded as Trial Balloon The statement was Interpreted here as the first definite intimation that the Wickersham commission may recommend a change in the existing dry laws. In some quarters, the Wickersham statement was interpreted as a “trial balloon,” reaction to which might indicate to Mr. Hoover how the country at large would regard an administration-sponsored modification program. What form modification would take, should it be adopted, is another point of speculation.

Mary Della’s life and she liked it Then she met Robert Henley Calkman 111, scion of riches, darling of Yale, in the easiest way in the world—by falling under the wheels of his dashing yellow roadster—and rode with him down Lovers’ Lane, where the glare of the spotlight showed the Red Mask crouching over his victim. Then secrets, a creeping terror, mystery, romance blended to make life one thrill after another for Mary Della.

probably showers Sunday; somewhat warmer tonight.

GUNS ROAR AT MINE MEETING; FIVE WOUNDED Lewis Is Silent Here on Report His Men Caused Illinois Warfare. I ONE FATALITY IS LIKELY ■ Trouble Viewed Foretaste; I Expected Since Action Against Rebels. Guns roared in Illinois Friday night as the strife of coal miners’ unions broke into open warfare at ’ Royalton, Franklin county. Under citations for contempt of court, with hearings set for April 30, John L. Lewis, international president, and other international officers at headquarters here today refused to comment on the pitched battle at Royalton, where five men were wounded by gunfire, one probably fatally. Dispatches indicating that supporters of Lewis’ union were aggressors in the gun fight drew no comment from Lewis. Other officials refused to comment on the battle. Outbreak Expected The outbreak was expected by close observers of the mine union disagreement which resulted when Alexander Howat of Kansas, with James Walker, president of the Illinois State Federation of Labor, were elected president and secretary of a mine union set up in a meeting at j Springfield, 111. As a result Lewis has revoked ! charters of the Illinois district and ! of two subdistricts in Illinois and of 1 the Kansas mine district. I Under Injunction In each case he has set up provisional officers, and this action is the basis of contempt of court, proceed- ! ings against Lewis and thirty-rwo i other officials of the union here who ■ were under injunction in Illinois I courts against Interference with the 1 union leaders in that state. That the Royalton gun battle merely is a foretaste of what is to merely is the belief of close observers of the situation. In Franklin county, especially, the union miners are divided into t*o camps, for and against the union here. Strengthened Breach Bv United Press ROYALTON, 111., April 19.—A riot in which five men were shot, one probably fatally, had strengthened the breach between the “rump” union set up by insurgent Illinois miners and the United Mine Workers of America today. The latest clash between the two groups occurred late Friday as Alexander Howat, president of the “rump” union, prepared to address a group of regular union miners. Two automobiles filled with men drove up to disperse the audience and in the melee which followed, about twenty-five shots were fired. Barney Davis, Ziegler (111.) miner, was shot in the stomach and physicians said he had little chance of recovery. Constable John Hicks and Adam Ivanieh of Royalton, Roy Grove of West Frankfort and Ray Edmon of Ziegler, were the others shot. Sheriff James Pritchard, who quieted the demonstration, ordered all suspects in the shooting arrested. Royalton is in the center of the Illinois coal mining district and control of the largest soft coal workings in America located there has been the principal contention between the insurgents and the regular union. SHOWER FOB EASTER Rising Temperatures, Rain U. S. Forecast. Easter finery will go on parade on Indianapolis boulevards of fashion only at risk of a drenching, the United States weather bureau here indicated in its forecast today. Temperatures will rise from near 40 degrees, to which they fell Friday night, and rising, bring unsettled conditions probably accompanied by showers Sunday, according to the forecast. Climatic conditions will be the same generally throughout Indiana, with unsettled weather prevailing Sunday, the bureau predicted. In the Air Weather conditions in the air at 9:30 a. m.: Southwest wind, 5 miles an hour; barometric pressure, 30.18 at sea level; temperature, 52; celling and visibility, unlimited; field, good.

STAR QUITS SCREEN Corinne Griffith to Live in Paris

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By Times Sr>eeial TajEW YORK, April 19.—Corrine JLM Griffith, screen star, recently selected as the most beautiful actress in filmdom by a vote of the Hollywood players and .studio workers themselves, is retiring from motion pictures. Miss Griffith plans to spend at least six months of the year in the future in a chateau near Paris, dividing the remainder of her time between travel and her California home, she says in an interview appearing in Photoplay magazine for May. Although retirement of a star at the height of her fame is almost without precedent, Miss

DRY LAW BALLOTS ARRIVE BY SCORES

HUNDREDS of ballots poured in to The Times office today in the prohibition poll being sponsored by this newspaper as a check on the nation-wide ballot of the Literary Digest. The vote at noon Friday, when the last count was made previous to today's check, showed: Enforcement, 146; modification. 273; repeal. 1,588. The Times asks every one qualified to cast his or her ballot by Tuesday night, when the check will close. Write your name and address, state Vo^Editor* 16 female ’ and mail or brlng your ballot The Times naiT *e is required to prevent any repeating, as every care is beine taken to make The Times vote a fair one.

Vote—and Check Digest Poll: (Vote for One Only) (1) Do you favor the continuance and strict enforcement of the Eighteenth Amendment and Volstead law? (2) Do you favor a modification of the Volstead law to permit light wines and beers? (3) Do you favor a repeal of the prohlDition amendment? Name Address Street city f. Female (This coupon will be published fo’ one week)

SCOPES CASE LAWYER AIDS STUDENT STRIKERS Alleged Rebellion’ Chief Defended by John R. Neal. Bv United Press TAZEWELL, Tenn.. April 19. Lincoln Memorial university's student strike went to court today with one of the south's most celebrated lawyers championing the strikers’ cause. Dr. John R. Neal, famous for his defense arguments in the Scopes “monkey trial” at Dayton several years ago, appeared as chief counsel for Clay McCarroll. student president, at his hearing on charges of inciting rebellion among the university's 450 students, all but thirtyfive of whom have consistently refused to attend classes since the strike began.

It’s a great story. You liked “Chickie,” you liked “Sonia,” but you’ll like Mary Della better. She was hard boiled and admitted it. Don’t miss the opening installment in The Times Monday. And listen for the theme song, “Mary Della,” on your radio and on city theater stages next week. It’ll score a big bit with yoa r r * * * * ■ * f *. j.j*.*aia i. x. j r 1 1

Entered a* Reeond-Clasrs Matter at Postoffice, Indianapolis

Griffith explains her attitude lucidly. Since she was 18, she points out, she has been engaged in pictures almost constantly and able to give little time to other interests. “I want to take time to find other interests in life. I want to travel to places I’ve never had time even to read about. I have never had time to study. I would like to know about art and literature. “When talking pictures came in, I took up the study of voice. I studied piano, too. It opened a whole new field to me. There are so many things I want to learn to do,” she declared.

YEGGS LOOT SAFE Use Crowbars to Tear Through Metal. Using crowbars to rip through three thicknesses of metal, yeggmen looted a safe ni the Fairway Coffee Company office, 37 South Davidson street, of SSOO Friday night, police were informed. The theft was discovered this morning when company officials opened the office. % Several weeks ago the 1 coffee company building was swept by fire wich caused damage approximating : SIO,OOO. Fire department officials believed the fire of incendiary j origin at the time, but investigai tions by fire officials has resulted I in no action.

NOON

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OUSTER ORDER TO INFIRMARY HEAD UPHELD Judge Rules Ft. Wayna Home Chief Should Give Up Post. SCANDAL IS REVEALED Aged Inmate of Infirmary Mutilated After Death, Doctors Charge. Bv TTnited Press FT. WAYNE. Ind., April 1& Ouster proceedings by Allen county commissioners against W. Homer Young, head of the county infirmary at Ft. Wayne, were upheld by Judge Jesse C. Sutton in Allen circuit court late Friday. An official order in the case was deferred, however, pending an appeal. On advice of his attorneys. Young has refused to give possession to A. jE. Janorsehke, appointed by the | commissioners as his successor. The court sustained six of the seventeen counts charged against Young in the petition filed by the commissioners. Worked While Drunk Outtanding among the counts sustained was the charge that Young : retained infirmary staff members whom he admitted had performed their duties while intoxicated. Attorneys for Young said further appeal would be filed. Hearings on the petition probably will be next week. The county commissioners handed down the ouster decision several weeks ago, but Yoimg refused to leave his post. He took an appeal in Allen circuit court and it was upon this appeal that Judge Sutton ruled Friday. Probe Mutilation Death Between the presentation of evidence several days ago and the read- , ing of Judge Sutton's decision Fri- ! day, county officials conducted an J investigation at the infirmary into the death of Thomas Lakey, inmate. Lakey's mutilated body was found in the insane w’ard Wadnesday morning. A commission of six physicians appointed to examine the body, reported Friday: “The commission was unanimous in its verdict that the wound was made by a necrophagic animal (rat) that had chewed or gnaw'ed away the tissue. The body also w'as unanimous In Its opinion that the wound was produced after death.” BILLINGS IS NAMED STATE REVENUE HEAD ' Veteran Government Employe le Appointed to City Office. I W. P. Billings, 3465 Carrollto’t avenue, today was appointed to the office of internal revenue agent In charge of the Indianapolis division which consists of the state of Indiana. Billings has been appointed in the r I ■ e of E. P. Hutchinson who recently was transferred to Columbia, S. C. Billings has been an employe of the government for the past thirty years. He was in the department of commerce nine years, in the interior department two years, and for seven years in the postoffice department. He came to Indianapolis twelve years ago as a field examiner in the department of which he now is the head. A former student at Butler university, Billings was graduated from Hanover college in 1898. His appointment was said to be unusual in that he was placed in charge of his home district. Billings’ office was banked with flowers sent him by friends. FINED FOR RADIO LIBEL Defeated Judge Candidate Called Opponent Slayer, Ex-Convict, Bv United Press CHICAGO, April 19. Frank Broucek. defeated Democratic candidate for Berwyn police judge, waa fined $lO for slandering his opponent over the radio during the campaign. Witnesses raid they heard Broucek call John Ehart a murderer and an ex-convict. Erhardt proved he is neither. TOOTHLESS DOG ‘BITER’ Owner Pays SIOO Damage Verdict to Neighbor Woman. Bv United Pr ss CHICAGO. April 19.—John Guaras dog is toothless, but Guara paid sioo damages toa neighbor woman who charged the dog bit her, after a Jurw duly reached a guilty verdict. APPEALS TO AVIATORS College Point* to Danger of Forest Fires From Fliers' Smokes. Bv United Press NEW YORK. April 19.—1n an appeal to aviators to extinguish their smokes before they throw them over the side, the New York State College for Forestry at Syracuse points out that this growing stir "manage" to anttoosartnc'focßato.