Indianapolis Times, Volume 42, Number 140, Indianapolis, Marion County, 21 October 1930 — Page 3

OCT. 21, 1930.

PfISTORDENIED DRY CASE RULE BY HIGH COURT Buffalo Clergyman Served Wine to Friends on Courthouse Steps. /'// I'nitrd Prrss WASHINGTON Oct, 21.—The supreme court Monday denied the Rev. A. Stanley Copeland, Buffalo <N. Y.) clergyman, review of his suit to contest the validity of the Volstead act and the eighteenth amendment, brought against James W. Higgins, Buffalo police commis•.ioner, to compel return of liquors cized at Copeland’s home. The petition was Mr. Copeland’s second attempt to test the validity of the dry laws. A previous appeal several years ago 4vas denied. The clergyman has been fighting the dry laws since his sentence to the Erie county jail for having offered wine to friends who wished to drink with him on the front steps of the Bufialo federal courthouse. Acts as Own Attorney His own attorney, the minister contends the statutes are a violation of his guarantees of personal and religious freedom and an invasion oi state rights. Other rulings were: Decision to review the interstate commerce ruling that rates for oil transportation on Indiana railroads are not -xeesalve. Suit was brought by Standard Oil of Indiana. Denial of review to the Stevens Hotel Company of Chicago In Its unsuccessful suit to restrain the Chicago Yacht Club from erecting a clubhouse between the hotel and the lake front. Denial of review to Edward Blanchard, unfermented graoc Juice dealer, on conviction for selling wine in Texas. Scripps’ Appeal Denied Denial to Josephine S. Scripps. widow of James G. Scripps. of a review of her action to share in profit increases in the publishing business of the late Edward W. Scripps, during the time it was managed by her husband. Refusal to pass on validity of the Minnesota state law authorizing foreclosures of mortgages for delinquent instalment without exhausting the lien. Refusal to review cases of middle westerners who bought extensive Sand tracts in Sacramento county. California, for fruit growing. Land was alleged nonfertiie and misrepresented. Grant of review in the conviction of J. tv. Alford, sentenced in Los Angeles to five years in prison for mail frauds. Train Laws Are Dp Decision to pass on validity of the Arkansas full-train and full-switching crew laws, on the statute books since ' 1907. Missouri-Pacific railroad contends improvement in train control devices since enactment make laws obsolete. Denial of review of conviction of Thomas W. Fleming former Cleveland councilman, on charge of accepting a bribe while in office for procurement of favors. Refusal to rule on status of pre-revo-lutionary Russian corporations having credit accounts in American banks. Consent to review validity of Tennessee law Imposing tax on interstate busses passing through state. Must Employ Citizens Refusal to pass on Louisiana law compelling contractors on public works to employ only citizens of the state who are qualified voters. Denial to Howe P. Cochran of review of his slander suit against Senator James P. Couzens (Rep.. Mich.), based on attack made by Couzens on the senate floor, April 12, 1928. District of Columbia courts dismissed the suit because of constitutional immunity to members of congress. Granting of hearing to dissenting members of the Modern Woodmen of Americr who objected to revision of the order's insurance rates, on claim the Illinois statute under which the change was made is unconstitutional. Amusement Case Decided Refusal to rule on question of whether mechanical reproduction of copyrighted music by music rolls or phonograph records may be played in places of public amusement. Ruling is considered of widespread Importance in amusement world and arose from appeal taken from a Texas federal court decision which awarded Gene Buck and Irving Berlin $250 damages against a theater proprietor who played two rolls of copyrighted music. Refusal to decide whether sale of one drink In a restaurant is sufficient grounds for conviction on charges of maintaining a nuisance. Brewery Given Review Grant of review of New York circuit court decision refusing the V. Loewers Gambrinius Brewing Company allowances for absoiescence of its properties In 1918 and 1919. The company sought tax allowance for losses Incurred by dry law passage. Grant of review to Aaron Prussian, former Washington attorney and tax appeals pleader, of his conviction and fivevear forgery term on charge of forging a $9,044 government refund tax check payable to an estate. Decision to hear argument on appeal of the Louisville & Nashville railroad from interstate commerce commission ruling forbidding free transportation of private or business cars of other carriers. even though occupied by one enitled to free transportation.

EXTRA SEATS PLACED FOR FORUM DEBATE First of Kirshbaum Scries Will Be Prohibition Discussion. Management of the Kirshbaum Community Center announced today that additional seats are being arranged for the auditorium to handle the crowd expected to attend the first of the annual open forum lectures Sunday night “Prohibition—Yes or No?” will be debated by Senator Smith W. Brookhart of lowa, ardent prohibitionist., and Arthur Garfield Hays, New York attorney, author of "Let Freedom Ring." Open forum lectures are under auspices of the Jewish Community Center Association and the public is welcome at a nominal admission charge. GOOD-BYE ITCHING SKIN Soothing, healing and tremendously efficient, invisible Zemo brings cool relief to Itching Skin. Even where skin is raw and peeling, thousands have found that Zemo quickly restores comfort. It helps smooth away blemishes and clear up Pimples, Rash and other annoying itching skin and scalp irritations. Keep clean, antiseptic Zemo always on hand. Use St freely. It is safe, pleasant. 35c, 60c and SI.OO. Sold everywhere.—A dvert isementl btatw I Haadarh* or nr*!*U Lb U situate*, rherk* a Cold tfc* first day u< check* Malaria l thro* day*. 666 alto in Tablets

Ballot Rivals

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Democratic nominees in Tennessee’s double-barreled senate race this year, in which two are to be elected, are shown here. Above is Cordell Hull, former chairman of the Democratic national committee and candidate for the regular term; below, Senator William E. Brock, appointed to fill a vacancy, who seeks election for the rest of the term.

PASTORS NAME HEAD St. Paul M. E. Minister Is Association Chief. Officials of the Marion County Methodist Ministers’ Association today announced election of the Rev. Homer P. Ivey, pastor of St. Paul M. E. church, as president. Meeting Monday night at the Roberts Park M. E. church, the association elected the Rev. O. A. Knox, pastor of the Beech Grove church, vice-president, and the Rev. V. B. Hargitt, pastor of Brightwood church, secretary. The following were elected to the executive committee. The Rev. E. F. Scheider, pastor of the East Tenth Street church, chairman: the Rev. C. M. Kroft. pastor of the Heath Memorial church: the Rev. J. E. Beal, pastor of the New Jersey street church: the Rev. Robert M. Selle. pastor of the Riverside church, and the Rev. Frank Greer, pastor of the Fountain Street church. Accident Victim Buried Bn Fnited Press DECATUR, Ind., Oct. 21.—Military funeral services were held today for Hugh Hitchcock, 32, and Ivan Baker, 35, who were electrocuted early Sunday. The two men were pushing an automobile away from a street light post after an accident when contact was made with a 2,200-volt wire. Negro Dies Digging Ditch A Negro, whom C., W. Floyd, 617 East Nineteenth street, employed Monday to dig a ditch in front of his home, died after a heart attack while working a few hours later. The body has not been identified.

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BLOW TO DRYS IS PREDICTED IN CRIME REPORT Modification Proposals by Wickersham Probers Are Hinted. BY PAUL R. MALLON United Press Staff Correspondent WASHINGTON, Oct. 21.—Those in the highest authority here expect the Wickersham crime commission ,*to make a prohibition report shortly which may not be entirely acceptable to some dry organizations. The document will be drafted when the commission resumes its secret sessions here Nov. 5, the day after election. It is to be sent to President Hoover, probably about Nov. 15, and may be forwarded by him to congress in December. Portions of the report already have been agreed upon. The commission has decided there will be no “pussy-footing or dodging” in its summary of its investigations and in its recommendations. The prohibition issue will be met frankly, it is said, and in a way which may not meet the approval of those who have been championing the dry act. Subject Thrashed Out Modification proposals may be entertained, but repeal suggestions will not be mentioned, according to authoritative sources. The commission has been working on the assumption its chief duty was to find out what is wrong, if anything, with the law as well as enforcement. The matter of prohibition very thoroughly has been thrashed out among the commissioners, and has caused at least one member to offer his resignation—Federal Judge William S. Kenyon of lowa, an outspoken dry. His retirement offer now is reported to be in the hands of Chairman Wickersham. Previously, two other commissioners are reported to have been dissatisfied—Dean Roscoe Pound of the Harvard law school and Kenneth Macintosh, Washington state supreme court justice. However, the retirement of neither is indicated. Report Is Held Secret Kenyonu is understood to have agreed to withhold action for the time being. The resignation has not yet reached Mr. Hoover’s desk and the White House has declined to discuss it. Mr. Hoover, however, is keeping in touch with developments in the commission. He is understood to

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THE INDIANAPOLIS TIMES

Sings in Opera

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First member of her race to reach the heights of grand opera is Miriam Leilani, a Chinese-Ha-waiian girl who is hailed by voice experts as a “second Marion Talley.” Miss Leilani was photographed on/the liner City of Los Angeles as she sailed from California for Hawaii to make her first concert appearance on the island where she was bom.

BURGLARS OBTAIN S4O IN HOME ROBBERY Gunman Holds Up Pharmacy; Hold One in Clothing Case. Burglars who entered the home of William Stukley, 727 Park avenue, Monday night, took S4O. A gunman who held up Herman Merschat, proprietor of a pharmacy at Sherman drive and Michigan street, Monday night, escaped with $25. Police today held Dan Gary, 23, of 928 Darnell avenue, on burglary charges. He is alleged to have attempted to steal clothing from a cleaning establishment at 643 Indiana avenue. Eagles Initiate Seventeen Seventeen candidates were initiated by the Indianapolis Eagles aerie Monday night at which discussion of the order’s old age pension movement was led by Otto P. Deluse, Indianapolis, former national president of Eagles. have met Wickersham jn private conferences several times recently. The report probably will not become public until it is submitted to congress.

ACTION DELAYED BY CBUNCILMEN BN' RACE BETS Likelihood of Passage Dims as Proposed Statutes Are Deferred. Possibility of two proposed ordinances against gambling in Indianapolis being written on the city

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statute books appeared dim today, after action on them was deferred by city councilmen Monday night. The proposed laws provide that possession of betting paraphernalia and transmission or receipt of race betting information by phone or telegraph would be violations of the law, each punishable with maximum penalties of S3OO and six months in Jail. Councilman Maurice Tennant of the safety committee asked that action be deferred because “there is an angle relative to the telegraph and tlephone companies on which they want to be heard, which is only fair.” Tennant said he did not believe there was any need for rushing action on the proposed ordinances,

after a conference with safety board members. “Who is behind this?” Fred Gardner asked. “Did the safety board really ask for it?” City Attorney James E. Deery explained that, as far as he knew, the board was backing the move and he

We Recommend l^aussL* Riley 4591

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had been notified by the board t 4 draw the proposals. "These, if passed, would be super# seded by state laws, anyway,* George Henry declared. “If they ars put on the books, they will serve a a loophole for crooks who can sa* they should have been prosecuted under the state law.” _