Indianapolis Times, Volume 41, Number 297, Indianapolis, Marion County, 23 April 1930 — Page 1

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HIGHEST COURT LOSSY EFFORT LAID TO WETS Senator Robinson (Ind.) Cites Letters to Judges as Evidence. DU PONT RAPS DRY LAW Brands Experiment Failure; Permits Drinking by Employes. By United Pr r* WASHINGTON, April 23.—The prohibition battle was waged on two ironts at the Capitol today, with charges and countercharges marking two congressional committee hearings. While Pierre S. Du Pont, Delaware industrial leader and zealous wet, urged the house judiciary committee to report a resolution for repeal of the eighteenth amendment, the senate lobby committee, at the other end of the Capitol, heard charges that the Association Against the Prohibition Amendment has been “lobbying directly with the supreme court.” The charge against the wet organization was made by Senator Robinson (Rep., Ind.) who termed it “an amazing thing.” The assertion followed reading of letters from a director of the association to Justice Stone and the late Justice Sanford. Failure Is Charged Meanwhile, Dupont and others participating in the wets’ rebuttal in the three-month prohibition hearings charged the dry experiment had been a failure. Dupont urged the younger generation which has grown up since prohibition should be given a chance to vote on the dry law. Wealth and health have not been bettered by the ten-year experiment. Dupont said. Charges made by Robinson were based on letters written by T. W. Phillips Jr., one of the wet association’s directors. One letter written to Justice Stone by Phillips, now w r et candidate for Governor of Pennsylvania, said in part: 'our letter of April 5 is greatly appreciated, and, of course, I had no thought you would express an opinion of any of the questions raised, but am especially pleased to learn you regard them as interesting. Offered “New Slant” "In order to give you, perhaps, a new slant as to how some men are thinking and talking—a few' days ago in conversation with an exceptionally keen young attorney, I ventured the remark there were many serious and far-reaching constitutional questions relating to the eighteenth amendment and enforcement measures that never had been submitted to the supreme court. “His comment took the form of a question ‘Do you have any idea that the supreme court as now constituted w ould have the moral courage to go into this question thoroughly?’ ” The letter to Sanford said in part: “Last summer, during one of our brief conversations at Nantucket, the attitude of the people toward our laws was mentioned, and I handed you a short newspaper statement in which I set forth some of the causes of crime and intimated resentment against the unlawfully assumed governmental authority probably would increase. "I take it, article VIII of the Constitution contemplates some relationsivp between the gravity and nature of the offense and its punshment. and if so then the Jones aw surely provides ‘excessive fines, ruel punishments’ etc.” Plan Further Tests Other letters, written by Captain William Stayton, chairman of the board of the association, indicated officers of the organization plan a further test before the supreme court of the constitutionality of the eighteenth amendment. The death rate, drunkenness, consumption of beverage alcohol and rime have increased under prohibition. Dupont told the house committee. “Do you let men who drink work tor you?” asked Representative Sparke (Rep., Kan.), a dry. after Dupont said he did not hire and fire men because of drinking or abstaining. “Yes. Just so a man is not incapacitated by loss of limb, or by drunkenness, he is allowed to work. He just must come to work in the proper condition. “According to a poll I took. 60 per cent of my employes have alcohol and use it. We have some total abstainers, too.” Representative Moore (Rep.. O.). a dry, asked Dupont if he stood for the saloon. "I would prefer it to the speakeasy,” Dupont replied. He said he favored the Swedish system of liquor control and did not favor the return of the saloon. Burglars’ Raid Is Balked James Craig, proprietor of the Center Cleaners. 1315 East Thirtieth street sleeping in his shop early today, heard glass break. When he switched on lights two men fled, leaving a broken back door.

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VOLUME 41—NUMBER 297

Bishop in Court to Help Son in Death Hearing

James M. Maxon Jr.

Maxon in Front Seat as Delay Is Given in Murder Case. By United Prow NEW YORK, April 23.—Arraignment of James M. Maxon Jr., son of the bishop coadjutor of Tennessee, in connection with the death of an aged printer was postponed until April 29. in homicide court today. Martin W. Littleton, counsel for Maxon, said he desired more time to investigate the rooming house in which, according to witnesses, Maxon beat David Paynter to death with a chair. George Kearney Jr., assistant district attorney, consented to the postponement. Bishop Maxon is here to aid in his son’s defense. Sits With Old Friends Young Maxon’s father sat in a front seat when the youth came into court. The minister was with George Morris, vice-president of the Memphis (Tenn.) Commercial-Appeal and Z. C. Patten, banker and manufacurer of Chattanooga, both old friends of the family. Martin W. Littleton, noted New York attorney, who has not appeared in a magistrate's court in years, but consented to take this case because of friendship for the family, chatted briefly with Bishop Maxon. Miss Rosa Hickey, keeper of the rooming house in which Maxon and Paynter were roomers, was present with her attorney, Alfred V. Norton. Walks Slowly From Room As Magistrate Joseph Corrigan ascended the bench, Bishop Maxon left his seat, and while his son, an attorney on either side, pleaded for a continuance of the case, the bishop stood far down an outside corridor, alone, his head bowed When the court granted the continuance. Maxon was led back through the prisoner’s cage to a small detention room back of the bench, where the bishop visited his son. “I feel this way—my job is that of a father. I am not a lawyer. Mr. Littleton is the attorney and when one has confidence in a man he leaves everything to him,” the bishop said later. END TARIFF WORK House, Senate Conferees Begin Drafting Report. Bn United Preen WASHINGTON, April 23.—House and senate conferees on the tariff bill completed their work today and began drafting a report which they expect to submit to their respective houses Monday. Hourly Temperatures 6a. m..... 35 10 a. m 44 7a. m..... 37 11 a. m 44 Ba. m 41 12 (noon).. 45 9 a. m 45 1 p. m 45

BROTHERS FIGHT DUEL TO DEATH OVER BRUSH PILE

Bn United Preen Charles, 39, would die of knife EVANSVILLE. Ind., April 23.—A: wounds, also in the abdomen, duel to death was fought by two The brothers grappled for possesbrothers today after they had quar- sion of the shotgun, Charles told reled over possession of a brush pile ; police, and when he wrested the lying on the boundary of their farms ! weapon from Henry, the latted drew near Evansville. : a knife and slashed him. Henry Carson, 41, died in an j Charles drove to Evansville to Evansville hospital of bullet wounds. surrender himself after the fight, in the abdomen, and physicians said | despite his wounds.

WILL HAYS TRAPPED BETWEEN FIRES IN MORALS WAR, AID CHARGED

“T-iriLL HAYS sits between W two Ares, the professional moralists and the professional immoralists —Canon Chase and a bunch of smart alecks in the film industry.” With this pithy statement. C. C. Pettijohn, general counsel of the Motion Picture Producers and Distributors of America, painted the continual flame of discontent that bums arounc the president of the organised )tion picture industry. Pettijohn spoke at noon todaybefore the Indiana Indorsers of Photoplays at the Claypool. A native of Indiana like Hays, Pettijohn defended his employer with “I'm tired of listening to

GOVERNOR OF WISCONSIN IN OUSTERTRIAL Koehler on Witness Stand t: Deny Charge of High Campaign Spending. QUIZZED ON LETTERS ‘Political Pilgrimages Were Invited/ Is Charge Hurled by State. BY WILLIAM R. SMITH United Press Staff Correspondent SHEBOYGAN. Wis., April 23. Wisconsin’s Governor ascended to the witness stand in his ouster trial here today permitting the prosecution to question him about charges brought by the La Follette progressive faction that he spent too much money in his campaign for nomination. Governor Walter J. Kohler waived his constitutional rights, claimed by his attorneys, and appeared before a jury of his fellow townsmen to answer the state’s questions regarding his campaign. Haiold M. Wilkie, state’s attorney, questioned the Governor concerning pieliminary plans for his campaign. Wilkie, the Governor, and his counsel engaged in heated controversy over attempts of Wilkie to secure an admission that the Governor invited "political pilgrimages” to the village of Kohler. La Follette Presses Charge "Isn’t it a fact that you wrote out letters inviting them to come.” Wilkie asked. “I don't believe so,” Replied Kohler. Wilkie attempted to show that the purpose of the invitations was to advance Kohler’s candidacy. Upon questioning of the Governor’s counsel, he disclosed that his purpose was to show that cost of the messages and the entertainment properly was political campaign expense not reported by the Governor. The trial began with Walter D. Corrigan, special state’s, attorney presenting the state’s case. Governor Kohler has been brought to trial on charges of violating the state’s corrupt practices law through excessive expenditures in his campaign. The accusations were pressed by the La Follette progressive faction, led by Phillip F. LaFollette, who is expected to be the Governor’s opponent in the Republican primary. La Follette has not appeared at the trial as yet, nor have other progressive leaders. Huge Expenses Claimed Corrigan declared the prosecution would prove the Governor spent far in excess of the $4,000 limit imposed by law for campaign expenditures. The state asserted it would prove that Governor Kohler's huge industrial plant in this county served '3 a political headquarters, furnishing assistants paid by the company, including the Kohler band which accompanied the company's executive on different speaking engagements of his campaign. These expenses borne by the company were repaid later by political groups or members of the Governor’s family, Corrigan said. 200 BUILDINGS ASKED Most of Projects in List Prepared by Hoover Are Postofflces. Bv United Preen WASHINGTON, April 23.—Construction of nearly 200 public buildings throughout the country at a cost of $568,000,000, spread over a period of ten years, is provided for in a list of projects sent to congress by President Hoover. Most of the buildings included In this list are postoffices.

people discuss pro and con what he has done for the motion picture industry. He’s confronted with one side wanting to take all the joy and life out of pictures and the other not being able to resist the temptation to inject bad taste and poor business judgment into the movies. “Immorality can not come from looking at motion pictures. If that was true censors would be the most immoral people in the world,” he asserted. “Inmates of penitentiaries are not there because of the effect of motion pictures. a a a A POLL of The penitentiaries will disclose not only the cause lor crime, but the remedy

INDIANAPOLIS, WEDNESDAY, APRIL 23,1930

Well, the Ayes Have It!

THREAT

Census enumerators have a hard life. For instance, imagine Edward G. Schaub, enumerator, asking Miss Grace Terhune of 88 South Eleventh avenue, Beech Grove (left photo), if she owns a radio, while its music drowns out her answer. And in the center photo is a, hard one. Schaub is pictured, paying a call at 4141 Carrollton avenue, asking Mr. and Mrs. Har-

FLORIDA THREATENS TO PADLOCK AL CAPONE’S MANSION AS NUISANCE

Palace of Beer Baron Is Hangout of Lawless, State Charges. MIAMI, Fla., April 23.—Florida's answer to the arrival of Alphonse (Scarface) Capone under protection of a federal injunction was seen today in court proceedings begun here to padlock the beer baron’s palatial Palm Island home as a public nuisance. Hearing on the application for an injunction, filed by N. Vernon Hawthorne, state’s attorney of Dade county, virtually coincides with a hearing scheduled Friday on whether to make permanent a federal injunction already issued to preserve Capone from molestation. The federal injunction hearing is set for Friday; the padlock injunction matter for Saturday, one before District Federal Judge Hal J. Ritter, the other before Judge Paul D. Barnes. Hawthorne termed the highwalled Palm Island retreat of the gang lord as a nuisance, declaring “it is the scene of repeated liquor law violations.” “Large quantities of liquor are stored there,” he said in his complaint, “and it is frequented by law violators, gambiers, habitual loafers and illegal dealers in liquor, violating both state and federal laws. “The presence of Capone also depreciates the value of property adjacent and brings the city of Miami into national disrepute,” the state's attorney said. GRAF ZEP SAILS MAY 18 Giant German Dirigible to Leave on Pan-Amerian Hop. By Ullih and Preen WASHINGTON, April 23.—'The Graf Zeppelin will leave Friederichshafen on her Pan-American trip May 18, the postoffice department announced today.

for reducing it. That investigation will show that 90 per cent of the inmates are poor and always have been poor. “Men who were burned to death in the Ohio penal institution blaze were not there because of moving pictures, but because of undernourishment, lack of privileges in adolescence, ignorance.” He said the way to reduce crime is to provide every child born with a “reasonable education, wholesome food, regulated recreation, fair environments.” “Such a national effort would empty our jails and penitentiaries,” he declared. Pettijohn criticised bad advertising and taste in some pictures. He told of the Hays’ production

mon E. Snoke, in their kitchen: “Who is the head of this household?” Examine this photo with care and write your own answer. Schaub receives a rather cool look in the bottom picture as he perforce asks Miss Francis Simmons, 646 East Fifty-fourth street, a stenographer: “Can you read and write?” Imagine! But it’s all In the game, and questions must be asked.

SET WATER VALUATION State Tax Commission Fixes City Company’s Assets at $20,690,846. State tax commissioners today set assessment valuation of the Indianapolis Water Company at $15,200,000. This is an increase from last year's figure of $14,875,000. Total assets of the water company were given at $20,690,846.65. MERCURY TO MOUNT Relief From Cool Wave Not to Come Before Friday. Relief from a cool wave that set In Tuesday, depressing temperatures to almost 20 degrees below normal, will not come to Indianapolis before Friday, J. H. Armington. senior meteorologist at the United States weather bureau here, said today. Frosts were general throughout the state, except in the extreme southwestern portion, Tuesday night. Lowest temperature, 25 degrees, was recorded at Cambridge City. Damage to crops and fruit in the state will not be large, Armingtoß said.

NEGRO IS LYNCHED IN MISSISSIPPI BY POSSE

By United Preen ROSEDALE, Miss., April 23. Dave Harris, 40, a Negro, was lynched by a posse of more than two hundred men near here today. The Negro, who Tuesday allegedly shot and killed Clayton Fundenberg, 17-year-old farm boy, was surround-j

code for the industry and how, “it is designed to eliminate bad taste and to encourage the entertainment and artistic values of motion pictures.” Pettijohn forecast that two years from now the “talkies of today will be crude affairs compared to what you will have then.” At Tuesday’s session of the photoplay indorsers the sound films were approved by a two to one vote. A second ballot was to be taken this afternoon following Pettijohn's talk. a a a Mrs. r. earl peters, Ft. Wayne, was re-elected president of the state organization

Entered a* Second-Class Matter at Postoffice, Indianapolis

SURLY CONVICTS SHOUT THREATS OF REBELLION UNLESS WARDEN QUITS POST IN OHIO PRISON

TRAIN STRIKES AUTO; 3 KILLED One Other Is Injured in Greensburg Crash. By Times Special GREENSBURG, Ind., April 23. Three men were killed and a youth was injured seriously in a crossing accident here this morning. The dead are Andrew Butz, 60, of Millhousen, twelve miles south of here, and John Level, 42, of near Millhousen. The latter’s son Oliver, 22, also was injured fatally, dying later of a fractured skull. Butz’s son Norman, 23, is expected to survive a skull fracture and other injuries. The two men and their sons were in a touring car driving north on State Road 29 to their work at a stone quarry at Sandusky, north of Greensburg. Oliver Level, who was driving, failed to see a Big Four freight train at the South Michigan street crossing. The car was carried a distance of 2,000 feet, leaving three of the passengers, strewn along the right of way, with John Level still in the wreckage, his head tom off and one side of his body crisped by; fire which followed the wreck. The! body of Andrew Butz tfas torn to pieces. GIVES RING; THEIvf COMPLICATIONS START Mr, Greenburg Hired Robbers, Is Charge; for What, Is Mystery. By United Preen CHICAGO, April 23. Greenburg gave Miss Helen Goldman the long-awaited diamond engagement ring Tuesday night just as two bandits walked in. The robbers took the ring and a fur coat, but were caught and brought back by a policeman. Irwin said they weren’t the bandits, but Helen identified them. The bandits said Irwin hired them. The ring came from a 10cent store. Japanese Diet Convenes TOKIO. April 23.—Emperor Hirohito, Japan’s youthful ruler, today formally opened the fifty-eighth j session of the imperial diet.

ed and captured in the Mississippi river swamps after an all-night search. According to reports to officers here, he was marched to a tree and executed before a firing squad of possemen.

Tuesday afternoon. New members of the board of directors, chosen at the same time are Mrs. Edna Hatfield Edmondson, Bloomington. first vice-president, and Mrs. Stetta Besant, Vincennes, fourth vice-president. Other officers who were reelected are: Second vice-president, Mrs. O. I. Demaree, Franklin; third vice-president, Mrs. Francis Whipple, Rockville: recording secretary, Mrs. Ferd Lucas, Greencastle, and corresponding secretary, Mrs. Fred Knodel. The convention will close with the showing of a film “Mr. Anotnio,” from the book by Booth Tarkington, at 7:30 tonight. Mrs. David Butler Jameson will give a talk preceding the showing.

‘We’ll Tear the Place Down/ Cry Survivors of Appalling Fire; Break Plot Nipped; Official Probe Under Way. FINAL TOLL OF FLAMES IS 320 Penitentiary Chaplain Brands Tragedy as Crime Against Humanity by State; Reports on Origin Conflict. BY HARRY W. SHARPE United Press Staff Correspondent COLUMBUS, 0., April 23.—As the Governor’s board of inquiry convened today to resume investigation of Monday night’s state penitentiary fire in which 320 convicts perislur\ ninety-three other prisoners were fighting for their lives, victims of pneumonia, resulting from burns and exposure. Corps of physicians attending the stricken men described the condition of seventy-three, as “extremely grave.” The remainder, they said, are in a serious condition and complications are feared. Resumption of the inquiry was delayed temporarily while the investigators inspected the charred, debris-strewn ruins of Sections G and II in the west cell block where the prisoners lost their lives.

Prison guards meantime dad nipped a threatening uprising which was plotted in Sections A, B, C and D Tuesday night, but failed to materialize. The outbreak was fixed for 5 a. m. when the prisoners were marched to the mess hall for breakfast. Guard Lockhart was tipped to the impending break and hastily sum- ! moned reinforcements, augmented by a strengthened military guard, thwarted the plan. Out at the huge cattle barn morgue at the state fairground, where the victims were taken from the fireravaged cell block, grief-stricken relatives today were permitted to claim their dead. Surliness continued among the convicts today and prison officials said the outside military guard would be maintained until complete order was restored. There were covert and open ls and insistent demands that Warden Preston E. Thomas relinquish his post to J. C. Woodard, deputy warden, one of the heroes of the fire. Demand Resignation “If we don’t get Woodard as warden, we’ll tear this place down,” one unnamed convict yelled as investigators clambered over masses of twisted steel and charred timbers. Reports that shots were fired Monday night when the fire broke out, were believed partially confirmed today when two .38-calibre shells, the type used in guards pistols, were sifted from ashes of the devastated cells. There were conflicting reports of shootings. Some convicts said one of their number was shot while trying to break out of a smoke-filled cell. Tire investigating board at Tuesday’s session failed to establish whether there had been shooting, but ordered bodies of the victims examined for bullet wounds. Governor Cooper intimated finding of the bullets would change the course of his investigation and questioning of witnesses was delayed until 1:30 p. m. Calls Back Witnesses Warden Thomas and guard W. G. Baldwin, who, with guard Thomas Little, saved several score prisoners, were asked to reappear. AttorneyGeneral Gilbert Bettman, directing the inquiry, said he “was not satisfied” with their stories. The tour through the blackened cell block was conducted by E. L. Jenkins, penitentiary construction engineer, who had charge of building Sections I and J, where the blaze started. Others in the party were Hal H. Griswold, state welfare director; four of Bettman’s assistants and T. Ralph Ridley, state architect. Convicts crowded around to tell their version of the holocaust. They seemed in a dangerous mood and were outspoken against the warden and guards. Voice Mob Menace “Warden Thomas was lucky he wasn’t mobbed when he came into the yard this morning,” one prison er said. Thomas remained outside the wall directing guards to prevent escapes when the flames were roaring through the cell blocks. Father Albert O’Brien, Catholic chaplain of the prison, who rendered extreme unction to many of those who died, said the disaster was a crime on the part of the state -—“a greater crime than any of those dead boys ever committed against the state.” Roy R. Gill, state fire marshal, who is conducting a secret investigation, said the situation still is unsettled. While passing through the cellhouses oq an inspection. trip. he

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said, he heard the convicts shouting angrily: “Tell the Governor he’d better jerk Thomas if he wants him to live. We’ll get him or die trying.” Gill said the men feel that an inexcusable blunder on some one’s part cost the lives of their companions. Another Fire Found Another fire of incendiary origin I which seemed to bear out Gill’s in- | terpretation, was disclosed Tuesday night when it was learned that an attempt had been made to fire the dormitory building Monday while bodies still were being removed from the destroyed cell blocks. It was disclosed that a group of convicts rushed into the building, seized a guard, bound him with a blanket, and dropped him from a upper window. Previous testimony has not established definitely who discovered the flames and reported. Guards Little and Baldwin, According to Warden Thomas, found themselves inside the front door of the cell block, and ran to the guardhouse to get the keys to unlock the inside bars to the cell tiers. They allegedly were forced to taka the keys over the protest of Captain McCoddington. in charge of tha guardhouse. Denies Statement At the cell block, Thomas related, the two guards were met by Guard Watkinson, w'ho told them they couldn’t unlock the tiers. Watkinson denied “on his honor” that he said “I don’t give a damn if they all die.” The Catholic chaplain’s charge that eagerness on part of prison officials to prevent escapes resulted in the tragedy, was made in a* statement to the United Press. ! “It was a great crime to let those' men die.” Father O’Brien said. “The soldiers and police all were intent on keeping any convicts from getting away, and apparently nobody gave a thought to their safety. “The soldiers came into the prison yard and stood about with fixed bayonets doing nothing while the trapped men died. “It was terrible, nobody seemed to want to do anything except the convicts themselves and the three or four guards who were in the inclosure. Deputy Warden Woodard Is a fine, brave man, and the prisoners know it. Only his grasp Os the situation prevented more terrible scenes. Clothing Taken by Burglars Burglars took clothing valued at S6O from rooms of Irwin Webb, 224 South Illinois street, Tuesday night.

Meet Mary Designing mama and designing daughter have hooked Robbert Henley Calkman 111, the catch of the season. But Fate has something else in store for this handsome scion of wealth. He hasn’t met Mary De'la yet. And that’s something to look forward to, the start of a series of thrilling events that will keep the reader clutching for his or her breath. If you’ve missed the first two instalments of Mary Della, The Times’ great new serial story, you can pick it up today by turning to Page 12 And watch for The Times big Mary Della tabloid, which will be delivered to your home this week. It contains two real song hits—Mary Della and the Clock Shop Clock. Read It and then rush hi your subscription to The X'mes circulation department, Riley 555 L .