Indianapolis Times, Volume 42, Number 13, Indianapolis, Marion County, 26 May 1930 — Page 1

Buying Bootleg Liquor Lawful, Says High Court ti */ t. mted Press WASHINGTON, May 26.—Buying beverage liquor from a bootlegger is lawful, the supreme court ruled today in the Farrar case from Boston. James E. Farrar purchased liquor for his own use and the government charged him with violating the Volstead act.

PROBE DEATH OF PRISONER IN CITY JAIL Thrown Into Cell as Drunk After Crash: Friends Deny He Used Booze. Thrown into a city prison cell Friday midnight on a charge of intoxication after an automobile accident. an unconscious man remained there eleven hours before being taken to city hospital, where he died at 10:30 Sunday night. Coroner C. H. Keever did not order an autopsy in the case, despite the fact the man was found unconscious at the scene of an automobile accident. The body was rmbalmed before Deputy Coroner O. H. Bakemeier viewed it at an undertaking establishment. Today efforts were being ma.de by friends and relatives to learn the exact cause of the death of the man. F. E. Sparks, 37, of 310 East St. Clair street, automobile salesman. City hospital reports showed death due to a cerebral hemorrhage. Issue New Regulations The man bore no traces of the use o! alcohol when received at city hospital at 11 Saturday morning, atItendar ts said. The death, meanwhile, caused Police Chief Jerry E. Kinney today to isiue new regulations at police head juarters requiring that all bailiffs, turnkeys and matrons inspect cells at city lockup at least once hourly and report all unconscious or ill prisoners. The order follows four recent deaths which have provoked criticism of the methods by which prisoners are handled at police headquarters and county jail. William Hereth, tax driver, found unconscious on the sidewalk beneath the elevation on East street near Washington street recently, was Veld in a city lockup cell a number 11 hours before being taken to city hospital where he died. He had suffered a fractured skull in a fight with two men, who later were aril ted * j! Police Surgeons Not Called • Ano'.her prisoner recently died 'Jk county jail without proper medf) 1 attention, according to claims /{ fellow prisoners, and a prisoner vas found hanged to death in his tell in city prison, having used his silk shirt to form the noose. Dr. Frank Dowd and Dr. Frederick Crum are police surgeons. Police rules provide that the duty of police surgeons shall include all medical attention to prisoners at the city lockup. The police surgeons have not been called upon in recent years for any services other than medical examniation of new members of the police and fire departments and examination of members of the departments who seek sick benefits or relief from duty, officials said. The surgeons were not notified of Sparks’ condition.

Sparks was arrested at midnight Friday following an automobile accident in which his car struck a parked machine owned by Harold Dawson of Liverpool, 0., at St. Clair and Meridian streets. Motor Policemen Frank McDonald and Claude Kinder were sent to scene of the accident and found Sparks seated on the side of his (Turn to Page 8) SHORT CIRCUIT GIVES FILM REAL PUBLICITY •Song of the Flame’ Scenery Fire Has Realistic Effect. ‘ Song of the Flame,” now showing at the Circle theater, was given an impromptu publicity stunt at noon today when a short circuit in wiring on the canopy over the entrance set fire to scenic effects representing a castle and tower on the canopy. Smoke rolled from the tower, giving a realistic effect. Fire companies extinguished the blaze without damage. OLDEST" MARINE DIES William Savage. 93. Led Life of Varied Adventures. Jobs. By Vnited press SAN PEDRO. Cal.. May 26. William H. Savage, 93. said to have been the oldest United States mamine. died Sunday after an eventful life, during which he had been judge, state senator, pony rider and Indian fighter. Savage was born in Limerick. Ireland, in 1837. At Smith to Write Book NEW YORK, May 26.—Former Governor Alfred E. Smith will be the author of a book to be published next year explaining for the average citizen the nature and scope of government. The title tentatively selected is -The Citizen and His Government."

Complete Wire Reports of UNITED PRESS, The Greatest World-Wide News Service

The Indianapolis Times Mostly fair tonight and Tuesday; somewhat warmer Tuesda}'.

VOLUME 42—NUMBER 13

The government sought to punish Farrar under the Volstead act permit section which forbids purchase of liquor without a permit. The defense contended this provision applied only to those authorized to use liquor, such as druggists, manufacturers, etc. The government submitted the case for a final ruling because some federal judges in charges to grand juries have cited purchase from bootleggers as unlawful. Buyer Not Criminal Justice Sutherland announced the courts opinion, wlrch was emphatic in stating that the Volstead act imposed no criminal liability on the purchaser of illegal liquor. It was significant, Sutherland said, that congress has not acted to penalize specifically liquor buyers. The court’s ruling was unanimous. In ten years of enforcement the government has held purchase was not included and therefore has not attempted such a prosecution as this. The government admitted in its arguments that congress considered such an extension of prohibition, but refused to include it in the eighteenth amendment. The court previously today declined to consider the somewhat similar case of Alfred E. Norris. New York broker, on technical grounds. Second Case Not Considered Norris had purchased liquor from a Philadelphia bootlegger on mail order. It was shipped to him by express labeled as ink or olive oil. In the Norris case the court ruled that the defendant by pleading “nolo contendre” had in effect pleaded guilty and, therefore, he was foreclosed from protesting the validity of the indictment.

IRENE CASTLE RAPS DOG KILLING ORDER Sends Protest to Council; Offers to Care for Animals. Bu United Press WAUKEGAN. 111., May 26.—Mrs. Irene Castle McLaughlin, former dancer and good Samaritan to all dogs, sent a vigorous protest to the Waukegan city council today against their order to shoot all unlicensed dogs. “It’s cruel,” she protested. “If people only will brin*; their dogs to the Orphans of the Storm (Mrs. McLaughlin’s dog refuge near Deerfield), we'll gladly give them shelter.” LONG SKIRTS COST MEN Covered Knees Make Face Need More Care, Says Expert. Bu United Press CHICAGO. May 26—Long skirts, raising the horizon of masculine vision, have increased American women’s beauty bills a few hundred thousand dollars, for covered knees have made the feminine face in need of more attention, according to Mm. Helena Rubinstein, beauty authority.

TROOPS TO GUARD STATE BORDER IN GASOLINE WAR

Illinois Proffers Help to End Bootlegging of TaxFree Fuel. Illinois state police will guard the northern Indiana border In an effort to halt further trucking by gasoline bootleggers escaping taxation in both Indiana and Illinois. Attorneys-general of both states will make a concerted report to prosecute interstate offenders. These two points were agreed upon at the statehouse today in. a conference between State Auditor Archie Bobbitte, Leland K. Fishback. state gasoline tax collector, and James M. Kiddleman. state gasoline collector of Illinois. Pledges Protection Kittleman pledged the police protection, but Bobbitt said he doubted that Indiana could offer as much, since the state force here is small. He provided Kettleman with data, however, to‘ aid in tracing offenders, he said. The Illinois man reported that the Reliable Oil Company. Chicago, had no record of operation with the tax department for two years. Bobbitt disclosed that he had collected $lO.000 in back tax and fines from the Dunes Oil Company, South Bend, on shipments from this company. Labeled Distillate The company had sent low test gasoline to South Bend from Englewood. HI. labelled “distillate.” They are registered as shipping ten *ank cars of property labelled gasoline to South Bend during April, Fishback's records disclosed. The company is said to be a part

GRUNDY SPENT $332,076 FOR SENATE RACE . Admits Huge Expenditure, in Pennsy Election Probe by Senate Group. DAVIS TOTAL IS $10,541 ‘Father of Tariff Declares Congress Should ‘Draw No Line.’ Bu Vnitnl Press WASHINGTON, May 26.—Senator Joseph R. Grundy Rep., Pa.) called by Democrats “the father of the tariff bill,” personally contributed $291,000 of the $332,076.14 spent through his personal organization to date in his unsuccessful race for the Pennsylvania Republican senatorial nomination, it was learnd today. The amount was revealed by Grundy and his personal accountant, Thomas Bell of Philadelphia,' at the opening of the senate primary committee's investigation. The successful candidate, Secretary of Labor James J. Davis, testified his personal expenditures amounted to $10,541.45. His personal receipts were $9,190, which he turned over to his associated organizations. These figures did not include his state organization expenses. Wets Furnish SIOO,OOO The Association Against the Prohibition Amendment furnished SIOO,OOO for the wet ticket headed by Francis Bohlen of the University of Pennsylvania law school faculty. Bohlen testified he raised no money and spent none. Bohlen said he advocated the same thing Dwight W. Morrow now is advocating in the New Jersey Republican senatorial primary—repeal of the eighteenth amendent. “I was disappointed to find party loyalty and ether attractions worked against us ” he said. Records of all funds spent by the various county organizations will be sought immediately, even if it is necessary to subpena all the county chairmen of each organization, Chairman Nye said after the hearing. Bell said he was not prepared to give a detailed list of the receipts and expenditures. Aside from Grundy, there were about 110 or 115 contributors, he said, explaining most of the expenditures went for advertising and printing. Accounts of these were promised later. Grundy’s personal organization sent money into thirty counties, Bell added, but he said he did not have a list of these. Total to Be Larger Both he and Grundy admitted the total expenditures would be enlarged from organizatons indirectly affiliated with them. They have not yet received these reports and may not get them. Senator Dill (Wash.) asked Grundy if he had any suggestions for leislatigon. “I am anxious to get your philosophy about campaign expenditures,” Dill told Grundy. “The salary of a senator for six years in $60,000. Mrs. McCormick spent $252,000 and you $290,000. Where should congress draw the line?” “I don’t think congress should draw any line at all,” said Grundy. “It is a matter for the states.” Hourly Tempteratures 6a, m 52 10 a. m 66 7a. m 54 11 a. m 68 Ba. m 59 12 (noon).. 70 9 a. m 62 1 p. m 71

of the wholesale-retail combination w r hose Lake county properties recently were put into receivership in an effort to collect $150,0C3 back taxes and fines. Bobbitt pointed out that “cut ratfe” gasoline and “bootleg” gasoline are rot necessarily the same. “Cut rate” gasoline is perfectly legitimate if the tax is paid, he pointed out.

HUNT'DESERT LAKE EDEN

Cradle of Mankind Sought by Party in Mongolia

By Vnited Press PEIPING, China, May 26.—An unchartered lake, surrounded entirely by sand dunes in the interior of the Gobi desert of Mongolia, was the immediate objective of a group of American scientists who, headed by Dr. Roy Chapman Andrew’s, left Peiping today for northern Asia. “We hope to find another Peking man. or a relative even earlier,” Dr. Andrews said. “If we are lucky, perhaps we will locate the Garden of Eden.” The mysterious lake, surrounded by high bluffs filled with fossil bones, was discovered by a Mongol trained by Dr. Walter Granger, chief paleontologist of the expedition.

It can be reached only by camel, Andrews said, and probably no white man has seen it. The Mongols came back with fossil bones which excited the scientists. Among them were those of the giraffe, the rhinocerous and others. He also brought flint instruments indicating the presence ol man. MBA ,

INDIANAPOLIS, MONDAY, MAY 26, 1930

Tommy De Paolo to Watch Dad Drive

record for 500 miles at 101.13

ZEP LANDS ON HOP FROM 016 Arrives at Pernambuco From Capital. Bil United Pith? PERNAMBUCO, Brazil, May 26. The Graf Zeppelin, en route to Cuba and the United States, arrived here today from Rio De Janerio. The big dirigible was moored at the flying field here at 8:53 a. m. (5:53 central standard time). The Graf Zeppelin completed the I, miles from Rio De Janeiro to Pernambuco in a little more than twenty-four hours. An immense crowd gretted the trans-Atlantic dirigible at Giquia airdrome, where it landed. A holiday was proclaimed in Pernambuco and a program of welcome was prepared for the dirigible and her passengers. Business was at a standstill. A tea dance at the Hotel Central was arranged in honor of Commander Hugo Eckener and the Spanish Infante Alfonso. The German counsel will give a luncheon for Dr. Eckener and the officers. The Graf Zeppelin will refuel here before starting the next stage of its flight. Four passengers, including two Americans, William B. Leeds and J. H. Durrell, were scheduled to go aboard here. The dirigible, which left Friedrichshafen, Germany, a week ago Sunday, flew to Seville, Spain, across the South Atlantic to Pernambuco and then down to Rio De Janeiro and back, faces a flight of some 4.700 miles from here to Lakehurst, N. J. VOTES FOR DRY CHANGE Washington G. O. P. Split by Party Stand on Modification. Bu United Press SEATTLE, Wash.. May 26.—Divisions in the Republican ranks of Washington were broad today as a result of the action of the state convention in declaring for modification of the prohibition laws at Bellingham Saturday.

Andrews

HOOVER’S 0. K. ON TARIFF BILL Lets Congressional Chiefs Know He Will Sign. But itiled Press . WASHINGTON, May *26.—The Smoot-Hawley tariff bill, approved by President Hoover after a hurried return here from his Virginia camp for a conference with AttorneyGeneral Mitchell regarding the constitutionality of its new flexible clause, was ready today for a final polishing before it is taken up by the senate on Tuesday. / After the conference between the two officials, in which Walter Newton, Mr. Hoover’s political secretary, participated, the White House said the President found the revised flexible clause satisfactory. Its constitutionality had been challenged by Senator Robinson of Arkansas, Democratic floor leader. But Mitchell pronounced the rewritten clause legal. The outstanding point in the revised clause is that it requires the President to proclaim or veto the tariff commission’s recommendations for changes within sixty days. It thus eliminates the possibility of a White House pocketbook veto. POUND DOGS UNITE TO KILL STRANGER Pack Tears to Pieces Animal Tossed Over Fence in Midst. Dogs at the city dog pound tore to pieces a strange dog tossed over the fence into the dog pound enclosure Sunday afternoon. Neghbors at the pound attempted to stop the attack on the animal after they saw a woman throw it over the seven-foot barbed wire fence. Dr.. Elizabeth Conger, in charge of the dog pound, today declared that many dogs are thrown over the high fence among the other animals after 1 each Sunday afternoon when the dog pound is closed. A doghouse is provided, she pointed out, into which stray animals can be placed in case the pound is closed.

IF the Peking man’s ancestors came from Mongolia—and I believe they did—this place or one like it must have been their original home,” Andrews said. “The people who lived around this lake millions of years ago have been described by our scientists as the ‘dune dwellers,* because they lived in midst of sand dunes. “Their place in the human family is cbsou.e We hope to find where they belong—and if they were older than the Peking man.” Dr. Andrews said he had taken care to obtain his “passports” from bandit chieftains along the route Without these bits of paper, for which a lump sum is paid, it is extremely dangerous to follow ihe

caravan routes into the Gobi. He said the bandits, as a result of previous expeditions, had come to know him—and he expected no difficulty with the desert’s robber bands. The expedition expected to be gone about three months, the usual limit of work in the desert.

Entered as Second-Class Matter at Uostoffice. Indianapolis

When the cars pull away from the starting line at the Indianapolis Motor Speedway on Friday for the 500-mile speed classic, little 6-year-old Tommy De Paolo, son of the famed Pete De Paolo, 1925 winner, will be watching his dad drive a race car for the first time. Peter, nephew of the famed Ralph De Paima, holds the track record for 500 miles at 101.13 miles-an-hour speed. Little Tommy, not mechanically inclined, but intensely proud of his father, will be rooting and pulling for his dad's Duesenberg. Tommy is shown in the picture at the left, just after arriving here with his mother for the race. In the upper photo is Charles Moran Jr , at the wheel of the Du Pont Special, a stock car entry, with Allen Carber, his riding mechanic. The car qualified Saturday at a soeed of eighty-nine miles an hour. Right center is Elbert (Babe) Stapp. one of the aces of the Duesenberg driving staff, and who is favored by many to win this year’s classic. Lower inset is Wilbur Shaw, Indianapolis star, who will drive an Empire State Motors Special.

LIFE FOR DR. BASS Pleads Guilty to Murder in Insurance Plot. Bn f nited Press BENTONVILLE. Ark., May 26. Dr. Andrew J. Bass, retired Columbia, Mo., dentist and landowner, was sentenced to life imprisonment when he pleaded guilty to the murder of William Robert Pearman, fellow townsman and mechanic, in an effort to collect $200,000 insurance policies Bass held on Pearman’s life. Germans Fire on Poles Bu United Press WARSAW, Poland, May 26.—Reports received today said German border guards near Muensterwalder, on the right bank of the Vistula river, fired on Polish frontier patrols.

EARL COX IS TAKE OVER Appointed by Collins to Succeed Stark as Jury Director. Earl R. Cox, prominent Democratic attorney and former deputy prosecutor, today was named as special prosecutor to lead the Marion county grand jury probe into alleged election fraud. The appointment was made by Criminal Judg3 James A. Collins, act'ng on a petition of the jury to oust Prosecutor Judson L. Stark, who headed the jury the first three weeks of the investigation. Cox said he will accept the post, and was to meet at 2 this afternoon in the grand jury chambers to confer with Stark and jurors over immediate resumption of the probe. To Ask for $5,000 Coincident with the appointment, Collins said he will request County Auditor Harry Dunn to call the county council into immediate session to appropriate $5,000 to finish the probe which ended abruptly last Thursday when the jury demanded that Stark be removed. Under present conditions, the special prosecutor will receive no pay. To Keep in Touch That Stark intends to keep in active touch with the probe’s progress was seen in his declaration that he will station William R. Ringer, member of his staff of deputies, in the jury chambers with Cox. Cox’s appointment drew no comment from Stark other than the statement: “I am not abdicating.” Stark’s removal was sought on grounds he would be in an “em-

36 CARS ARE LIKELY TO BE STARTERS IN 500-MILE SPEEDWAY MOTOR CLASSIC Billy Arnold to Be at ‘Pole’ Position at Wheel of Harry Hartz’ Racer; Sets 113-Mile-an-Hour Pace in Trials. TESTS ARE CONTINUED AT TRACK Twenty-One Cars Already Qualified; Gulotta and De Paola Are Latest Successful Drivers; Seven Rows Are Filled.

Results of Speedway Trials

Billy Arnold Louis Meyer Shorty Cantlon Louis Schneider Chet Gardner Ernie Triplett Russell Snowbcrger Phil Shafer Leslie Allen Cy Marshall Frank Farmer Lou Moore J. C. MacDonald Joe Caccia Chet Miller Claude Burton Lora Corum Johnny Seymour Charles Moran Jr. Tony Gulotta Peter De Paolo

BY NORMAN E. ISAACS With twenty-one cars already qualified to start in the eighteenth renewal of the American Grand Prix, the 500-mile gasoline derby at the Indianapolis Motor Speedway Friday, trials were scheduled to continue at the giant track today, Tuesday and Wednesday. When the motor buggies ere lulled into position at the starting lure Memorial day, ready tc zoom away at exactly 10 o'clock, Harry Hartz's front-drive Miller eight will be parked at the “pole” with young Billy

Arnold holding the steering wheel. The Chicago driving ace wheeled Hartz’ chariot around the two-and-one-half mile brick oval Saturday afternoon at a dizzy clip of 113.268 miles an hour. Louis Meyer, 1928 champion, won the second position in the front row with a 111.290 mile-an-hour speed, and Shorty Cantlon of Detroit, took the third front-row post with a 109.810 mile-an-hour gait. Holds Uniform Race Hartz first attempted to qualify his car and womid up his frontdrive creation to a 110.429 mile-an-hour pace on his first lap, but pulled in on his second lap. Hartz was dissatisfied with the manner in which his motor was functioning and after much tinkering, Arnold took the driver’s seat and shot out over the bricks. Billy fairly ate up the miles, holding a uniform pace for the entire four laps. HL slowest lap was 113.208 /.iles an hour and his fastest 113 *34 miles an hour, a remarkably even speed. Louis Meyer’s sixteen-cylinder Sampson was percolating excellently and the 1928 winner may decide not to touch his car until race day. Cantlon’s mount is Bill White’s Miller-Scofield Hi-Speed special, a four-cylinder creation. Louis Schneider, Indianapolis ace, won the pole position in the second row with a 106-mile-an-hour speed. Louis’ Seal-Fast Special

NAMED TO BALLOT QUIZ barrzssing position” because of hie successful race for renomination. Appointing Cox, Collins, defeated for renomination, said: “Due administration of justice will be subserved by complying with request of the grand jury, by appointment of a special prosecutor for the sole purpose of Investigating the matter of alleged illegal voting.” FIGHT MAYOR Detroit Divided in War to Get Bowles’ Job. By Vnited Press DETROIT, May 26. Petitions urging that Charles Bowles be retained as mayor of Detroit were placed in circulation today as leaders in the movement to have Bowles ousted, announced that more than 49,000 signatures, half of the number necessary to call a special election, had been obtained. COPS ARE ‘KIDNAPERS' Milwaukee Detectives Abduct Man From Chicago for Trial. By Vnited Press CHICAGO. May 26.—Imagine the excitement of bystanders when they witnessed the kidnaping of Jefferson Mumert, 25. And imagine the disgust of policemen who found out early today after long hours of detective work that the “kidnapers” were plainclothes officers who had arrested Mumert for return to Milwaukee. Wls., on robbery and assault charges. j

HOME

TWO CENTS

FIRST ROW Miller-Hartz Front-Drive Sampson Special Miller-Scofield Special SECOND ROW Seal F'ast Special Buckeye Special Guiberson Special THIRD ROW Russell Eight Coleman Front-Drive Alien-Miller Special FOURTH ROW Duesenberg Special Betholine Special Coleman Front-Drive FIFTH ROW Romthe Special Alberti Special Fronty Special SIXTH ROW Y-Eight Jones’ Stutz Special Gauss Front-Drive SEVENTH ROW Du Pont Maw Special Duesenberg

winds up beautifully on the straightaway. After nineteen cars had qualified Saturday, r only two passed the eighty-five-mile-an-hour test •on Sunday, Tony Gulotta in a fourcylindered Maw Special, turning 100.033 miles an hour, and Peter De Paolo in a Duesenberg finishing his four laps at an average of 99.956 miles an hour. More than 32,000 fans gathered at the huge brick plattter Sunday, but saw little action. Those few thousand stragglers, who remained until dusk, was beginning to fall, saw the trials start. Two drivers attempted to qualify their cars just around 7 o’clock, but pulled in. Julius Slade of Jackson, Miss., and his Slade Special made a first lap of 84.778 miles an hour and a second lap of 85.993 miles an hour, but Slade decided to quit and try again. Rick Decker in a Decker Special wheeled around the oval at ninetyfour and ninety-six-mile speeds for two laps, but also decided to pull in.

Twelve Rows Should Start Pit fans and experts today were beginning to incline to the belief that not more than thirty-three cars will line up at the starting line on Decoration day. There are. however, about fourteen cars that should be able to make the grade and there should be twelve complete rows of cars lined up on Friday. Among the cars yet to take the track for their trials are Dave Evans’ Jones & Maley Special, Baconi Borzacchini’s Maserati Sixteen, Bill Cumming’s Duesenberg, Mel Kenealy’s Maw Special, Wilbur Shaw's Empire State Special, L. P. Cuccinotta’s Maserati Eight, Deacon Litz’ Duesenberg, Joe Huff’s Gauss Front-Drive, Jimmy Gleason’s Waverly Oil Special, and Augie Duesenberg’s two cars, one of which will be jockeyed by Babe Stapp. Maserati Is Uncrated The Maserati Sixteen was uncrated Saturday afternoon and wheeled out of its box. Its handlers immediately “gassed up’’ and Borzacchini drove it around the track for the first time at a seventy-mile-an-hour gait, quite a feat for a car just taken out of box after a journey from Naples. Not a wrench was put to the job before it went onto the bricks. It has plenty of acceleration and already has created quite a stir at the track. Borzacchini has not yet acquired a deft touch on the turns and intends to practice some before taking his test. DUVALL IS DEFENDANT Former Mayor Sued for $lO7 on Alleged Contract. John L. Duvall, former Indianapolis mayor, is named defendant in a suit foi $lO7 in wages filed today in civil municipal court by Joseph Sellers, contractor. Sellers contracted to build a race track at Walnut Gardens, amusement park sixteen miles south of the city operated by Duvall, according to the suit. Payments are in arrears in the amount asked since July. 1929, It is alleged. Man Dies Mowing Lawn Bn United Press M COREL AND, Ind.. May 26. Death by heart disease claimed Joseph L. Oxley, 73, as he was mowing the lawn at his horn# her*.

Outside Mir ton County 3 Cents

113.268 111.299 109.819 106.157 195.811 105.618 104.557 102.279 101.919 100.846 100.615 99.867 98.953 97.606 97.360 95.087 94.130 93.376 89.733 100.33 99.956