Indianapolis Times, Volume 41, Number 295, Indianapolis, Marion County, 21 April 1930 — Page 9

Second Section

‘HEIRS’ HALTED IN BATTLE FOR ASTORRICHES American Claimants See Double-Cross in Fight for $100,000,000. EUROPEANS SUSPECTED Side Settlement Feared in Court War Lasting 80 Years. BY LELAND CHESLEY InluJ Prern Staff Correspondent BT. LOUIS, April 21.—An 80-year-old court batttle for more than $100,000,000 from the descendants of John Jacob Astor brought the 1,100 American and 240 European heirs of John Nicholas Emerick today to j an impasse. They weren’t quite sure whether the case had been settled, or whether legal skirmishes loomed for them far into the future. Calvin I. Hoy, chief counsel here for the American Emericks, said he feared the European heirs had jumped the gun on their American cohorts to such extent that he sought a court injunction to keep them from attempting to make a settlement with the Astors. The injunction hearing in federal district court in New York City next week is the culmination of a fight within the ranks of the heirs, according to Hoy. Case Is an Ancient One But the Emericks think they may be too late—for suspicious “goings on" over in Europe has raised doubt in their minds. The Emerick case dates back to more than a hundred years. Their ancestors, the Emericks contend, was a wealthy partner of John Jacob Astor. Fearing that death soon would overtake him, Emerick, so he claims, entered a ninety-year trust agreement whereby the Emerick capital would remain invested in the business of Emerick and Astor. The trust agreement should have expired in 1906. The Emericks took their case to command lost. But information obtained since then from the European heirs pui ports to have found an original court decree granted in 1849 to Lynus Emerick of Eau Claire, Wis., ordering the Astors to pay Emerick descendants, without further order, their share of the Emerick estate. Sharp Practices Used Lynus Emerick, fearing death would cheat him. the heirs nowclaim. sold his copy of the decree to interested parties for $50,000 and then he beat them by bribing a court clerk to give him the original decree from court records. The decree and other documents relating to the esstate are the ones reported found in Europe. Photostatic copies were made of these documents and bi-ought to America by Benjamin Koeber, German representative of the European heirs, Hoy claims. Koeber claimed the documents were in the hands of one of the Emerick heirs, who he said obtained them from the registrar of deeds in The Hague for SIO,OOO. Possessor of the original documents is reported to have offered them for sale to the Astor family for $160,000,000. according to affidavits in Hoy’s possession. When the meeting was postponed Koeber. the German represenative, left Germany. A warrant was issued for his arrest and an attachment was issued on his property in Steinheim, Germany. As the case now- stands the Emericks intend to drop their suit asking for the share of the Astor estate. Instead they seek enforcement of the court orders, which they claim was issued in 1849.

GASOLINE INSPECTION FEES HELD EXCESSIVE State Association to Outline Fight Against Extra Charge. Fight against allegedly excessive fees for gasoline inspection in Indiana will be outlined at the one-day spring convention of the Indiana Petroleum Association at the Severin roof Thursday. Figures announced by the association today show total state fees collected for inspection in Indiana in 1929 amounted to $369,422.51 and that expenses of operating the department were only $83,348.81. the balance of $286,073.70 returning to the general fund. Inspectors received only SBO to $125 monthly and the association contends thirty-two men can not properly inspect 466.959.900 gallons of kerosene, gasoline and naphtha annually. CIRCUS WILL BE GIVEN Annual Y. M. C. A. Event Will Be Presented in Gymnasium. The Y. M. C. A. will hold its annual community circus in the gymnasium Friday and Saturday nights. R. L. Konecke. physical director, announced today. Members and the physical director’s staff have been rehearsing their acts which will comprise gymnastics and acrobats. On Friday night the Fidils Club drill team of North Park chapter, Order of Easter Star, will appear, and on Saturday night Arrius court A-5 will be presented. A concert band will play each fvening.

Kali Leased Wire Service of the United Press Association

June Nights Going to Be Lots Buggier This Year

BY ARCH STEINEL PICNICKERS beware! Girls take care! For many a brave June bug lies asleep in the grass, so beware! - BE-E-WARE! (To be sung when, “The Green Grass Grows All Around.”) T'ii&t's 3l fact! For the year 1930, besides giving Indianapolis a thousand candidates in the primarv. taxes, and the bothersome census blank, is sending down hordes of June bugs alias May beetles to exercise their annual picnicking proclivities. Without a trace of pessimism, Frank Wallace, state entomologist, forecasts the possibility that May and June will see a "pretty heavy onslaught’’ of the bugs that delight in making a trapeze out of a run in milady's hosiery.

And if you know your bugs as Wallace knows them, you’re aware that the May bustle, besides ruining lawn lolling by day, are inclined aeronautically at night. “They’re night flyers," Wallace explains. He talked of sprays to kill them, of many other things, but not one word to help the ladies cut their pincers from their wings. We went on and found Joe Sprinz, catcher for the Indianapolis ball team, willing to lend his leg guards to the women. iv n a nott CRIMINAL JUDGE JAMES A. COLLINS was willing to cite the June bug for contempt of court. A hardware company offered a contraption of screen wire fastened by zipper “zips" for exposed appendages. “Stay off of country roads.” Sheriff George L. Winkler warned the pests as he discussed seasonal plans with his “petters’ patrol.” And the head of an Indianapolis novelty manufacturering firm proffered miniature fly swatters as the best weapon available. So we left it up to our Aunt Lillian and Aunty says: “When you sits down, watch whar yuh sit." Which may not solve it “atall” when the June bug gets on his aviation helmet and goes night flying.

State Nezvs iu Brief

By Times Special COLUMBUS. Ind.. April 21.—A sensational angle was disclosed in the $15,000 suit of Thomas A. McClure, against Benjamin Frank Edwards for the alleged alienation of his wife’s affections, when the defendant filed a special answer in denial which points out that Mrs. Josephine McClure was not the wife of McClure during the time the defendant’s affair with her are alleged to have taken place. Three Detectives Injured TERRE HAUTE, Ind., April 21. Three Lackawanna (N. Y.) detectives and a Marshall (111.) man were injured seriously in a head-on auto collision near here. Bernard Moran, detective, driving the car bearing the officers, suffered a broken arm. Peter O’Rourke, lieutenant of detectives, a severe cut on the nose and an injured leg. The third occupant, Sergeant Michael McClane, received a fractured skull and leg. Insurance Guilt Is Denied ANDERSON. Ind., April 21.—Nine of sixteen persons charged with complicity in a scheme that cost the Modern Woodmen of America several thousands of dollars paid on fraudulent death claim? and bogus applications for insurance policies, entered pleas of not guilty when arraigned in Madison circuit court here.

Bloomington to Graduate 183 BLOOMINGTON. Ind.. April 21. A concert by the Indiana university band under auspices of the graduating class of Bloomington high school, Wednesday evening, will be the first of a series of pre-com-mencement events. Diplomas will be awarded to 185 on June 5 with Dr. G. Bromley Oxnam, president of De Pauw university as the speaker. Merged Banks Name President LOGANSPORT, Ind., April 21. i William N. Porter has been elected ; president of the City and State Na- | tional Bank and Trust Company, the | institution formed by merger of the , Logansport State bank and the City National bank, which will become effective today. Theft to Aid Mate Admitted PERU, Ind., April 21.—A story of aiding her former husband, Carl j J. Becker, although she has since remarried, is the extenuating circumstance offered by Mrs. Wilma Cushman, 32, who has confessed embezzling $4,500 from the First National bank here, where she had been employed as a teller for thirteen years. Bottle Ends Long Journey MUNCIE, Ind., April 21.—A bottle • thrown in White river here in October was found by Kenneth W. | Puterbaugh of Selma. The bottle | had been in the water 169 days and had floated more than sixty miles. Missing Cashier Accused' PORTLAND. Ind.. April 2\ — Charges of embezzlement, have been filed against Clyde Bechdolt, missing cashier of the Jay County Savings and Trust Company here. Opposes Bank Gossip Arrests MUNCIE. Ind., April 21.—Mayor George R. Dale announces that he will not sanction prosecution by the police department of persons alleged ' to have spread rumors which resulted in the closing of the Peoples ; Trust Company bank here Satur- ’ day. Fights to Keep Fruit Stand TERRE HAUTE. Ind.. AprU 21. j Uncle Jerry, 76-year-old fruit stand proprietor here, known to thousands of persons, has employed an attorj ney to oppose the city’s effort to force him to remove his stand from a downtown street corner here, under an ordinance forbidding peddling on streets. Justice United 589 Couples NOBLESVILLE, Ind., April 21. | J. C. Comstock. 79, a justice of the peace in Noblesville township for eleven years, has performed his 588th wedding ceremony.

The Indianapolis Times

30 SU3PENAED FOB RUM QUIZ Grand Jury to Delve Into Vigo County Case. With more than thirty grand jury subpenas served among persons living in and near Terre Haute, federal authorities today prepared to present evidence to the quiz body Wednesday in connection with alleged liquor activities in Vigo county, it was learned. Business men, known bootleggers, police and politicians were among those who received writs to appear here for the jury session. Fore more than six weeks, dry agents and special investigators have been working in the Terre Haute area. Officials here, though, refused to comment. According to rumors, former dry law prisoners have become disgruntled because politicians are alleged to have promised them protection and failed to do so and, in turn, they “squawked” to federal agents. Further reports heard In Terre Haute point to high political figures as being among those subject to the probe lange. These, it is said, may include Indiana men and persons in other states.

FINANCIAL TROUBLES OF FILM STARS AIRED Sally O’Neil’s Salary Attached for Clothing Bill; Fifi D’Orsay Sued. Bu United Preen LOS ANGELES, April 21.—Sally O'Neil, screen star, must wait awhile for her salary, and Fifi D’Orsay, French film actress, may have to divide part of her earnings with an agent, it

appeared from court actions pending today. Sam Wolfe, attorney for a Hollywood modiste, said he had attached the salary due Miss O’Neil from Columbia Pictures until the actress pays $402 which she allegedly owes for clothing. Miss D'Orsay’s S4OO-a-week con-

t ♦ .

Sally O’Neil

tract with Fox films’ has involved her in a superior court suit. Lyons & Lyon, New York theatrical agents, are suing the actress for $725 which they claim is the balance due them in commissions on the contract which they obtained for her.

ANNUAL CLEANUP IS LAUNCHED BY CITY

Encouraged by aid of April skies in a four-day washing of the city, a civic swabbing crew today began wielding brushes and brooms to polish Indianapolis for another summer. “Spic and span!” was the battle cry of city employes. Boy Scouts and others co-operating with the Chamber of Commerce in its annual clean-up campaign, who mrached from city hall through downtown Indanapolis to the south steps of Soldeirs’ and Sailors’ Monument, where war against dirt was declared officially by Mayor Reginald H. SulUivan. In the cleanup army were forty firemen dispatched by Fire Chief Harry Voshell; a city streets flusher and a truck manned by streei sweepers armed with orooms; the Police and Firanen's band, Boy

INDIANAPOLIS, MONDAY, APRIL 21,1930

OUSTER FACED DY GOVERNOR OF WISCONSIN Walter J. Kohler to Go on Trial in Sheboygan on Tuesday. LA FOLLETTE CHIEF FOE Son of ‘Fighting Bob’ Will Push Case; Camoaign Cost Is Issue. BY WILLARD R. SMITH I'nited Press Staff Correspondent SHEBOYGAN, Wis., April 21. The old courthouse here was put in final readiness today for the start Tuesday of ouster proceedings against Governor Walter J. Kohler of Wisconsin, The Governor will be prosecuted on charges of violation of the state’s corrupt practices act. The trial, based directly on charges that expenditures of more than SIOO,OOO were made in behalf of Kohler during the 1928 primary campaign, was foreseen as a personal combat between two men powerful in Wisconsin—Kohler and 35-year-old Philip F. La Follette, younger son of Fighting Bob La Follette, and political opponent of Kohler in the coming campaign for the Republican nomination. Pushed by La Follette The action against the Governor was prompted by Young La Foilette, who caused the state to institute civil proceedings intended to cost Kohler his job. When selection of a jury starts, counsel will have only men to choose from, since no women are included in the panel. Women voted heavily for Kohler in 1928. None of the veniremen is from the village of Kohler, to which the Governor, millionaire manufacturer of plumbing fixtures, has given a national reputation as a model industrial community. Although no jurors will be neighbors of the Kohler mansion, River Bend, it is scarcely possible that any prospective talesmen is unfamiliar with the widely told story which introduced Kohler to politics two years ago. Charges Use of Wealth This story pictured the plumbing magnate leaving school at the age of 15 to work in his father’s factory at $1.25 a day, and applying himself so industriously that he built it into a corporation worth millions. Tills huge concern plays an Important part in the pending prosecution. Special state’s attorneys charge that large sums were advanced to promote various phases of the Kohler campaign and that political groups repaid these advances after he was nominated.

OGDEN AGAIN ASKED TO SUPPORT PARKER Capital Banker Urges Indorsement of Judge Candidate, Wade L. Cooper, president of the Commercial National bank of Washington, D. C., is the latest to write a letter to Attorney-General James M. Ogden urging that he ask Indiana senators to support the Hoover nomination of Judge John J. Parker for associate justice of the United States supreme court. In the letter he terms the predicted senatorial attack on Parker as threatening the integrity and independence of the court.” The president of the South Carolina Bar Association sent a similar plea to Ogden last week. The at-torney-general is president of the Indiana State Bar Association. He said he will take no part in the Parker controversy. MOTION IS SUSTAINED Judge Collins Upholds Prosecutors’ Move In Kelley Case. Criminal Judge James A. Collins today sustained motion of prosecutors to strike from the record a defense motion to modify judgment in behalf of Thomas J. Kelley, Muncie, serving a sentence of life imprisonment as an habitual criminal. Collins was mandated recently by the state supreme court to rule on three motions offered in Kelley’s behalf. The defendant has been the center of litigation by which he hopes to gain his freedom.

Scouts and city and Chamber of Commerce officials. Fire inspectors this week will comb the city, seeking structures and accumulated rubbish that constitute fire hazards. Wilbur Winship, street commissioner, said he would issue orders to clean up all streets and alleys. Ash collections at residences throughout the week will include absorption of many other forms of rubbish than ashes, according to Harmon E. Snoke, Chamber of Commerce official. Joseph W. Stickney, chairman of the Chamber of Commerce fire prevention committee, today asked citizens to “use common sense in cleaning up homes, both inside and out, and to tidy up lawns for the sake of beautification and precaution against.avoidable fire damage.”

8A Graduates of School 35

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Left to r.ighi—James Emberton, Millard McCubbins, George Harness, Charles Baldwin. Edward Brown and Albert Drake.

Left to Right—Sadie Lucas, Henrietta Weiiand, Elizabeth Weiland, Martha Kays, Imcgenc Hastings and Camell Black.

Left to Right—Robert Hughes, Floyd Tuttcrow, Paul Birmann, George Hoyt, Theodore Kehreln and Emmet Volpp.

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Left to Right—Dorothy Striggo, Angelus Hubbard, Frieda I.ucas, Juanita Williams, Dorothy Brcnton and Marjorie Reese.

Left to Right—Harvey Wyant, Ralph Chupp, Wilbert Carson, Floyd Backemeyer, Charles Koch and Edwin Adams.

*Left to Right—Edith Tutterow, Anna Lorenz, Ruth McCarty, Lucille Conover, Sarah Shearin and Genevieve Purcell.

Left to Right—Mildred Rusher, Katherine Surface, Anna Adomatis, Helen Zimmer and Alberta Burzlaff.

THREE CAPONE THUGS SLAIN BY LONE GUNMAN

By United Press . ~ , CHICAGO, April 21.—Two bullets, probed from the bodies of three assassinated gangsters of Scarface A1 Capone’s “mob," in Chicago’s crime laboratory today, is the only evidence against an executioner, who single-handed put the three to death in two minutes in an Easter morning massacre. The triple murders were committed in the Blue Hour saloon, which has been the scene of other gangland killings. In searching for a motive behind

EVERSON VISITS CITY Major-General Takes Off for Little Rock, Ark. Major-General William G. Everson, former Indiana adjutant general and now head of the federal militia bureau, Washington, visited the statehouse today before taking off from Mars hill for Little Rock, Ark. He is making an inspection tour of the state guard units by plane. The general’s ship is piloted by Lieutenant V. G. Meloy of the United States army air service. BIDS TO~BE RECEIVED Primary Equipment Delivery Offers to Be Sealed. Dunn Announces. Sealed bids on the delivery of voting booths, tables, ballot boxes and other primary election equipment to 331 precincts in Marion county, will be received Friday by county commissioners, County Auditor Harry Dunn, announced today. Notice also has been issued that the board will receive bids for remodeling of criminal municipal court three, at police headquarters, on May 9. The improvement is intended to facilitate connection of the courtroom with the clerk’s office. BISHOP FIGHTS FOR SON Episcopal Prelate to “Stick to Last Ditch” in Murder Defense. NEW YORK, April 21.—The Rt. Rev. James Mathew Maxon. Episcopal Bishop coadjutor of Tennessee. will “stick to the last ditch” to defend his 21-year-old son James Jr., who is in jail on a charge of homicide growing out of the death of David Paynter. aged printer. Shortly after Bishop Maxon arlived here Sunday, he sent word to his son that he would defend h*m.

the murders, police were inclined to blame Scarface Al’s bid to control the labor unions, reported to have been started with considerable success. Capone was to take over the bread, crackers, yeast and pie wagon drivers’ union through the efforts of Walter Wakefield, part owner of the saloon and one of those killed, according to a witness the police found, but kept under the veil of anonymity. This witness said the attempt failed and that an official was

POLICE ARREST FOUR ON LIQUOR CHARGES Sponge Squads Confiscate Quantity of Home Brew, Wine, Whisky. More than two hundred quarts of home brew and several gallons of wine and whisky were confiscated by police sponge squads in three week-end raids. John Matheson, 347 North East street, was held by a United States commissioner to the federal grand jury on a charge of liquor laws violation, following one of the raids. Mrs. Martha Brown, same aadress, also is being held. Also held were Alva Rush, 16V2 Virginia avenue, and Harry Rothwell, Detroit, on blind tiger charges. Safe Blowers Get $125. By Ti!>trs Special ROCHESTER, Ind., April 21. Yeggs who used nitroglycerin to blow a safe in the Brubaker filling station here escaped with $125.

COOLIDGE’S PRAISE IS GIVEN MORROW

B u Vnited Press , . NEW YORK, Apni 21.—1 t has been related often in recent years how Dwight W. Morrow, upon his graduation from Amherst college in the class of ’95, was voted as “the man most likely to succeed ’ by his admiring classmates, whose company included a quiet, unassuming young man named Calvin Coolidge. Coolidge, in the introduction of a biography of Morrow which appears in the bookstalls today, teUs some of the qualities of the now-famous banker and diplomat which caused the class of *95 to make that prediction. “He was gifted with an ability

Second Section

Entered as Seeond-Clasa Matter at Postoffice, Indianapolis

heard to say that Wakefield would “be found dead in an alley.” None of Sunday’s victims lived to tell about the murders just before dawn as priests in a Catholic church a block away prepared for Easter worshippers. Besides Wakefield, Frank Del Re, 33, the other owner of the saloon, and Joseph Special, a waiter, were the victims of the lone assassin’s unerring aim with the traditional weapon of gangsters, a .45-caliber automatic pistol.

WINS MARBLE EVENT Joseph Malad, 13, Victor in City-Wide Contest. On his sweater-chest today Joseph Malad, 13, of 3547 Massachusetts avenue, pupil at St. Francis de Sales school, wore a blue felt “I” awarded by the city Saturday in recognition of his victory in championship round of the city-wide marble tournament at Fall Creek playground, at Thirtieth street and Fall Creek boulevard. Besides the letter, Joe won a loving cup, offered by the Em-Roe Sporting Goods Company, and the sweater on which his “I” is sewn was the tribute of the A. G. Spalding Company. Robert Brown, 13, of 2007 North De Quincey street, runner-up, was awarded a red “I.” Eight contestants were entered in the final matches.

that entered the field of genius, untiring in his industry, studious, thoughful, of high rank, but without any of the attributes that usually characterize a man as a precise, exact bookworm,” Coolidge writes. “While his circumstances have changed greatly since those days, he has remained the same.” When J. P. Morgan and Company Invited Morrow to become a partner in the famous banking house, they told him, according to Coolidge. that “they wanted him not merely because of his talent, for talent was plentiful and easy to buy, but also for his character, which was priceless.”

LIFE CRUSHED FROM MAN BY FREIGHT CARS George Dunn, Belt Railway Brakeman, Is Victim in Switching Mishap. i SIGNALS CONTRADICTING Dozens Cut and Bruised in Series of Week-End Auto Accidents. Crushed between two freight cars, George Dunn, 33. of 2145 Riley avenue, Belt railway brakemn" —as killed early"**tbday near .. y avenue. Leo jCorliss, 40, of 2835 Norm i..v Jersey street, conductor and brakeman of the train, told police Dunn signaled for the train to back up while Durham, 40. of 1728 University avenue, engineer, declared he received a signal to pull ahead. Dunn Is married. Miss Mattie Dunham, 19, of R. R. 2, Box 400, was injured and was taken to city hospital when a car driven by Frank Miller of 754 North Holmes avenue swerved into an east bound street car of which Natan Rose, 46, of 3010 West Vermont street, was motorman, at Michigan street near Holmes avenue. Bedford Man Hurt Harry E. Askew, 55, of Bedford, was taken to the Methodist hospital this morning after his car and a machine driven by Ralph Edwards, 36, 4611 College avenue, collided at Eighteenth and Meridian streets. Philip Allen, 60, Negro, 416 West Thirteenth street, was injured seriously w'hen he was struck today at New Jersey and New York street* by an automobile driven by William Byers, 44, of 426 Dorman street. Others reported injured in accidents over the week-end included: Lewis Valant, 13, of 958 Sharon avenue, injured when car he drove collided with car driven by Oscar Eller, 47. of 3530 Ralston avenue, at Tenth street and Belmont avenue; Walter Bailey, street car motorman, 126 West Twenty-second street, injured slightly when his car struck another street car at Illinois and Washington streets; Miss Mary Wiss, 20, Barton hotel, taken to Methodist hospital after auto driven by John M. White, 21, of 911 North Meridian street, in which she was passenger, struck car driven by Glenn Dooley, Castleton, on Millersville road. Elderly Woman Injured

Mrs. Mary Huff, 62. of 1554 College avenue; her grandson, David Huff, 13, of 3910 Camplin street, and Louis Garble, 19, of 1947 West Michigan street, were bruised and cut when cars driven by David Huff, 30, and by Claude Burgin, 29, of 2025 West Vermont street, collided at Lyons and Oliver avenues. Buddie Hiner, 7, was cut when autos driven by his father, Harold C. Hiner, R. R. P, Box 472, and by David Easterline, 24, of Carmel, collided at Southeastern and State avenues, and Easterline was arrested on charges of failing to obey a traffic signal; Robert Sanford, 73, of 3103 Jackson place, cut when struck at Washington and Harris streets by car driven by Martin Standisg, 34. of R. R. 4, Box 103; Mrs. Effle Stonehouse, 48, of 5625 East Sixteenth street, leg broken when struck by automobile driven by Henry Sullivan, 30, of Mt. Comfort. HOLD SERVICE TODAY FOR ALPHA HANSON Rises Scheduled at Mortuary for Shoe Firm Executive. Last rites for Alpha B. Hanson. 53, of 3550 Carrollton avenue, who died at St. Vincent’s hospital Saturday, were to be held at 3:30 this afternoon at Flanner and Buchanan mortuary, followed by interment in Crown Hill cemetery. Mr. Hanson was business manager l for William E. English for a number of years. After the latter’i death Mrs. Hanson became associated with a life insurance company and at the time of his death was assistant to the president of the Horuff Shoe Corporation. He was a member of the Elks. F. & A. M., American Legion and the Roberts Park Methodist church. Surviving him are the widow, Mrs. Jessie Hanson; a daughter, Isabelle; his father, Charles W. Hanson of Indianapolis, and two brothers and a sister. CLUB HOLDS CONTEST Robert Huddleston Wins Brookside Model Plane Event. Robert Huddleston won first prize in the model airplane exhibit at Brookside Community house Sunday afternoon.. Other prize winners: Robert Cahill, second; Kenneth Schultz, third, and Warren Englehardt, fourth. The Brookside Airplane Club sponsored the exhibit and L. K. Harlow, W. M. Essary and Dr. R. E. Mitchell were judges. INSURANCE FIRMS JOIN Merger of Evansville, Indianapolis Companies Is Announced. Merger of the Ohio Valley Accident Insurance Company, Evansville, and the American Income Insurance Company, Indianapolis, was announced today by Charles Scholer, president of the latter firm. The American company assumes the business of the Ohio Valley firm.