Indianapolis Times, Volume 42, Number 248, Indianapolis, Marion County, 24 February 1931 — Page 1

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STOCKS BOOM; FAST TRADING PACE IS SET Market Is Most Active Since May 5. 1930: Tickers Swamped. CHANGE IN PSYCHOLOGY Slightest Improvements in Business Send Issues Up in Dealings. BY ELMER ( . VVALZER Unite') Pr*s Financial Editor NEW YORK. Feb. 24.—The stock market advanced today in the most active trading since May 5, 1930 when the turnover was 8,279,260 shares and paper values of various quoted Issues were increased by a billion dollars. The new high speed tickers—inaugurated after the tremendous markets of 1929 and early 1930 were swamped by the orders which came into the market. At one tune they were running ten minutes behind the actual floor trading. Group alter group of stocks shot forward. There was, of course, profit-taking, but this served only to bring new buyers into the market. All stock offered was absorbed easily. Tickers Are Crowded Around noon the tickers were crowded and prices were at their highs of the day. Gains of five to more than six points were made before noon by 'such issues as Westinghouse Electric, Industrial Rayon, Union Carbide and J. L. Case, while advances of one to more than three points were made by Auburn Auto, Radio Corporation. Air Reduction, Columbian Carbon, Vanadium and Worth-' ington Pump The entire copper group moved up sharply on expectation of an advance in the price of copper metal. Around noon Anaconda was at 47%, up 2%; American Smelting 58, up 1%; Granby 22%. up 2%; and Kennecott 31, up 1. Others gained fractions to a point. Utilities were strong with American Telephone, Standard Gas, American Water Works and American and Foreign Power up 3 to more than 4 points. Change in Psychology Buying was induced by further reports of slight improvement in business conditions, a change in market psychology and further participation in the market by the mall traders. There was no outstanding change in the general business situation, but the turn in market sentiment was held to be of sufficient weight to send prices upward on only small improvement in industry. Then, too, the expectation of adjournment of congress without an extra session was considered of importance as a factor for the bullish element. Oil Shares Join Rise Oil shares were attaining feature proportions on the Stock Exchange in the afternoon trading along with a strong utility group. Leading industials maintained a fair portion of early substantial gains; amusements eased off; rails firmed up from early declines; motors moved up 1 to 2 points, but Auburn lost Its snap; motor equipments were up with auto shares; coppers rose in early trading and turned dull in the afternoon. Leading industrials maintained a more than 5 points, with Westinghouse the feature. Steel eased about a point from its high of ISO 1 ”. Radio was in good demand. Special Issues on Upgrade Sales volume was almost parallel to that of May 5. 1930, when volume crossed the 8,000.000-share mark. Sales by periods calculated by the Stock Exchange compared with May 5. 1930. as follows: Time Today May 5, 1930 10 t<X 10:30 900.000 1.423,700 t0:30 to 12 1.800.000 1,890.900 12 to 1:30 1.100,000 1.160.400 Totals ..3.800.000 4,475.000] The majority of the difference was made in the first half hour when sales were 523,000 under the day compared. The contrast of today and May 5 is that the latter date represented the end of a period of decline while today the market was in the third week of a rapid advance. Special issues did more ihan the leaders in points of gain. New York & Harlem soared 12% points to 227. Houston Oil, spurted 4% to 68%. Standard Gas and American & Foreign Power were up 5 and 3 point’; respectively in the utilities. RAIN MAY STOP FIGHT Walker-Risko Battle Would Be Postponed One Day. By United Prtst MIAMI. Fla.. Feb. 24.—Gathering clouds which contained a hint of rain today threatened to cause a postponement of the Mickey WalkerJohnny Risko boxing bout scheduled lor tonight. "Pa" Stribling, promoter, said that he planned to hold the fight Wednesday night if it were rained out tonight. Walker remained a 6 to 5 betting favorite over the Cleveland boxer. BOMB WRECKS OFFICE More Than 150 Windows Shattered in Chicago Blast; Damage $1,500. CHICAGO, Feb. 24.—A powerful tune bomb rocked the Twine Mills employment office of the International Harvester Company early today, broke more than 150 windows and caused damage estimated at $1,500.

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The Indianapolis Times Cloudy and probably unsettled tonighl and Wednesday; not much change in temperature, lowest tonight about 32 degrees.

VOLUME 42—NUMBER 248

.Relatives Stand by Harold Schroeder in His Fight for Life

To the persons. pictured below, the fate of Harold Herbert Schroeder is of utmost importance as his trial continues this week. Upper Left: Schroeder dropped to his knees and embraced his wife, Mrs. Leah Schroeder, and his sons, Harold, 11, and Ernest, 9, as he entered criminal courtroom. Lowe;* Left: Deputy Prosecutor Floyd Mattice (left)

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L. M. WAINWRIGHT CLAIMED BY DEATH President of Diamond Chain Company, 71, Succumbs, in Florida, to Long Illness. Lucius Morton Wainwright, 71, president of the Diamond Chain and Manufacturing Company and pioneer Indianapolis business man, died at Miami Beach, Fla., today, according to word received by his son, Guy A. Wainwright. x Mr. Lucius Wainwright had been ill several months with heart trouble, but his condition became serious in the last few weeks. Mr. Wainwright was born Jan. 4, 1860 at Noblesville. He was the son of Major William A. Wainwright and Hannah Guy Pontius Wainwright. He was married in 1888 to Victoria Gray of Noblesville, who died in 1893. In 1900 he was married again to Edith Palmer, New York.

11l 10u, iVJ'.. W cLIiIWI IgUb ucuaiuc president of ihe Central Cycle Manufacturing Company, makers of Ben Hur bicycles. Ten years later he became manager of the Diamond Chain factory of the American Bicycle Company, and, in 1905, organized and became president of the Diamond Chain and Manufacturing Company. Mr. Wainwright was a director of the Fletcher American National bank and the Morris Plan Company, Indianapolis, and of the Wainwright Trust Company, Noblesville. He also was vice-president of the Citizens State bank, Noblesville. He was a member of the' American Society of Mechanical Engineers, American Society of Automotive Engineers, Indianapolis Athletic Club. Columbia Club, Highland Golf and Country Club, New York Yacht Club. Manhasset Bay Yacht Club, Surf Club, Miami Beach, Fla., and the Question Club. He is survived by the widow, Mrs. Edith Wainwright, and his son, vice-president of the Diamond Chain and Manufacturing Company. ~- Funeral arrangements have not been completed, pending return of the body from Florida. VOTING BILL PASSES Senate Agrees Unanimously on ‘Watching’ Measure. Without a dissenting vote, the bill which will permit 26 per cent of any group of primary candidates to provide for a watcher at the polls was passed by the senate today. A SSOO salary increase was voted Charles Kettleborough, director of the legislative reference bureau, by passage of the Nej<H bill in the senate. Increase is from $5,000 to $5,500. The board of health anti-stream pollution bill failed a constitutional majority, the vote being' twentytwo ayes and twenty noes. REMODEL CITY OFFICES Flan Commission Work Is Started; More Light to Be Furnished. Work of remodeling the city plan commission offices in the city hall began today. Henry Steeg, secre-tary-engineer. said a storage balcony will be above his private office under the new arrangement, and the draftsmen’s tables will be served by additional outside light. i

KILL ‘ECONOMY’ BILL House Downs Weiss Township Grouping Measure. Termed “forward and progressive legislation which would save the people of Marion county $6,000,000 annually,” was killed in the Indiana house today when the house adopted, 72-14, the majority report to postpone indefinitely the Weiss township consolidation bills. Fight against the measure was led by Representatives Clyde J. Karrer and Gerritt M. Bates (Dem., Marion) while Jacob Weiss and John F. White (Dem., and John M. Cantley (Dem., Cass) pleaded for adoption of the minority report for passage. Weiss asked passage on the ground of economy and reduction of expenses. ~ “Opposition to these measures is from officials whose positions are imperiled, said White. Tfc’o similar measures applying to the entire state also were postponed. LIEBER GIVES STATE CONSERVATION PLANS Program Is Outlined at Meeting of x Izaak Walton League. Program of the state toward conservation of fish, game and all natural resources were outlined before the Indianapolis chapter, Izaak Walton League, Monday night by Richard Lieber, state director of conservation. Officers elected for 1931 were: Howard Meyer, president; Roltaire Eggleston and Frank N. Wallace, vice-president; William L. Toms, secretary, and John S. Hunt, treasurer. The local chapter has eightythree charter members including Governor Harry G. Leslie and Mayor R. L. Sullivan. HEFLIN CHARGES FRAUD Files Contest in Senate Against Seating of John H. Bankhead. By United Press , WASHINGTON, Feb. 24—Senator Heflin (Dem., Ala.) today filed in the senate a contest against the seating of John H. Bankhead, who was elected to succeed him last November. Heflin charged the primary in which Bankhead was nominated was “reeking with fraud and corruption.”

INDIANAPOLIS, TUESDAY, FEBRUARY 24, 1931

and Prosecutor Herbert E. Wilson (right), w*ho will present the state’s case against Schroeder. Upper Right: Schroeder (left) and his attorney, Ira M. Holmes. At the left of Schroeder are his sons, Deputy Sheriff Walter Clark and Attorney Horace Holmes with the crowd in the background. Lower Right: Schroeder leaving Marion county jail

JURY SELECTION BEGUN IN TORCH MURDER TRIAL Relatives Hearten Schroeder as He Faces State’s Demand for Life; Defendant Calm in Ordeal; Courtroom Is Jammed With Curious Spectators. Center of attention in a courtroom packed with thrill seekers, attorneys, and relatives, Harold Herbert Schroeder of Mobile, Ala., today in criminal court heard preliminaries in the selection of a jury to try him for murder. He is charged with slaying an unknown man whose burning corpse was found in Schroeder’s flaming car on High School road, May 31.

Marking the start of one of the most fiction-like murder trials in years, hundreds .of spectators milled about in the courtroom to see the man who, for nine months, has been held prisoner here in the torch car mystery. That the jury will be asked to make. Schroeder pay with his life for the crime was the theme of the state’s questioning of prospective jurors this morning. The examining got under way an hour after Schroeder was brought into the courtroom from his jail cell. Relatives With Him Pathos marked the defendant’s first meeting in months with relatives. ScaYcely had he entered the door when his two sons, Harold Herbert Jr., and Ernest, 9, sprang from their chairs to meet him. Schroeder’s father and mother, Mr. and Mrs. Ernest Schroeder, both silver-haired, visibly were affected by the sight. The two lads followed their father to his seat at the defense table, where Schroeder’s wife Leah, his. brother, Ernest W. Schroeder of Evanston, Hi., and two sisters, met him. The alleged killer appeared deeply affected by the round of embracing and kissing that followed. He dropped to his knees and hugged the children. He also posed for numerous flashlight pictures, and displayed utmost friendliness to everyone who spoke to him. Before court was called to order, Schroeder had a few words with Ira M. Holmes, his attorney. Amazing Incident Occurs One of the strange coincidences of the case occurred when Judge Frank P. Baker, on the bench, told all talesmen wishing to be excused from service to come forward. One of them was Louis A # Haboush, 38, of 3822 Central avenue, who figured prominently during the probe of Schroeder’s alleged crime, when Haboush was reported missing. He was believed to have been the man whose body was found in Schroeder’s car. If Haboush had been permitted to occupy a jury

MOORHEAD UTILITY BILL IS KILLED BY SENATE

Failing a constitutional majority for the second time, the Moorhead utility holding company bill was killed in the senate today by tabling a motion to reconsider. The bill, more thaif any other, brought out bitter partisanship between those for and those against it. There were 22 votes for passage and 23 against. Under provisions of the measure the public service commission would have been given jurisdiction over utility holding companies, such as they now have over operating companies. Senator Robert L. Moorhead (Rep., Marion'-, author of the bill, opened and closed the argument for its support. Senator J. Clyde Hoffman i Rep., Marion) opposed it on

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Photographs by Virginia Edwards, Indianapolis Times Staff Photographer

seat he would have had to try the man once suspected of killing him. Prosecutor Herbert Wilson and Floyd Mattice, chief deputy, questioned witnesses rapidly. In less than an hour they passed the jury to the defense as acceptable. Veniremen were asked if they opposed the death penalty in cases warranting it, and eleven of the twelve seated men answered “No.” Baker placed the regular criminal court panel in the box, after admonishing more than twenty veniremen that they would not be excused except for legal reasons. More than twenty-five were denied their pleas to be excused. Duty Cited by Baker “Every man of you should be able to do your duty as a citizen of Marion county and serve on this jury if you are called,” Baker told them. When the state pas,sec, the jury as accepted, tentatively, three members were disclosed to have sat on the jury in the Arthur Jordan murder case, tried recently. Jordan was given a life sentence. When Holmes began his examination he asked each juror if he realized “the state will have to prove its case beyond a reasonable doubt.” To that question and another, “Would you be prejudiced if the defendant did not take the stand in his own behalf?” veniremen answered “Nr Schroeder, with hiss son Ernest sitting astride his knee, talked in undertones to his wife at his side during most of the questioning. Defendant Neatly Dressed He was neatly groomed. Wearing an oxford gray suit, a loud tie and white shirt, he was clean shaven and his hair was combed neatly. He did not appear to be as nervous as when he appeared in court on previous occasions. Schroeder’s mother apparently was worn by the suspense of nine months awaiting the trial. Many times she stared hard at her son. George L. Winkler, former Marion county sheriff, and Jack Stump, detective, who went to Mobile last June in the nation-wide hunt for Schroeder, were in the courtroom to hear the examining of veniremen. (Tuan to Page Thirteen)

the grounds it would handicap business. Senator Earl Rowley (Rep., Laporte and Starke) tried to get the floor to fight newspapers advocating passage, but the previous question had been moved, shutting off debate. This action of his fellow senators did not curb Senator Harry K. Cuthbertson (Dem., Howard and Miami). He took the floor on personal privilege and for ten minutes condemned Indianapolis newspapers, including The Times, that have backed the bill in the interest of utility rate payers. When the bill failed of passage, Cuthbertson moved to reconsider and table, thus having it finally killed- *

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V / lor the courtroom manacled, and in custody of Deputy Sheriff Carter. The pictures of Schroeder were the first made of him without the shell-rimmed glasses that have characterized previous photos. As he hugged the two boys, he removed them, but put them on again as the trial began.

JURY IN GIN TRIAL NEAR COMPLETION Prohibition Era Morals Will Hold Important Place in Kirkland Murder Case. By Times Special . * VALPARAISO, Ind., Feb. 24.—With completion of a jury almost certain today, witnesses against Virgil Kirkland, on trial in Porter circuit court for the murder of Arlene Draves, 17, Gary school girl, were ordered to report Wednesday morning. The order tensed more than ever the crowd -that packed the courtroom, most of them women and girls, as the second day of the trial began, for it is from those witnesses they expect to and probably will hear sensational testimony of a wild gin party that had as a fateful sequence assault on the pretty girl Nov. 29. Defense counsel stressed freedom from prejudice on the prohibition law as they questioned each prospective juror.

Seven fanners, who had searched theij? consciences and denied puritanical opinions on the morals of the twentieth century jazz age, stood | qualified as jurors this morning. From special venire of sixty-five i typical Hoosier rural residents, country tradespeople, farmers and professional men, the state and defense Monday afternoon began the wrangling for the dozen who must try the young defendant. Kirkland’s counsel was wary of a rigid, conservative jury, and T ohn Crumpacker, a defense attorney and son of the presiding judge, Grant Crumpacker, quizzed each prospect in the jury box on his views on the hip flask toting, necking, petting, reckless generation of youth today. Examines 18 in Hour Within an hour after court convened at 1:30 p. m., John Under- ! wood, Gary deputy prosecutor, had j examined eighteen talesmen, excusi ing five for cause and one by peri emptory challenge. Underwood directed his questioning along lines of an ordinary murder, bequeathing to defense counsel questions on prohibition and morals which are certain to weigh heavily in the final decision on the youth’s innocence or guilt. “If all this drinking and necking were a mutual indulgence, would you place the extreme penalty on one individual?” asked attorney Crumpacker. The jurors answered “No.” * Kirkland’s chance to escape the electric chair rests on the ability of his counsel to convince the jury that no act of his was directly responsible for Miss Draves’ death. The state accuses him and David Thompson. Don Barton, Harry Shirk and Leon Stanford, of attacking and slaying the girl on a week-end gin party in Thompson’s home in Gary, Nov. 29. Kirkland Object of Attention Defense attorneys indicated their intention of indicting prohibition laws, and the careless morals the law has evolved among the nation's youth. If Arlene Draves was attacked the defense hopes to show that it was the outcome of a wild petting party inspired by the reckless abandon alcohol produces. Throughout the preliminary to his trial young Kirkland sat beyond the courtroom railing, the object of attention of hundreds of his and Miss Draves’ former schoolmates. In the front row sat Elmer Kirkland, the accused boy’s father, and also in the courtroom was Arlene’s father, and her two brothers, whose demands for vengeance will not be satisfied unless all five youths are sent to the chair. The remainder of the boys, all under 25, will be tried separately, ( later. They are in Lake county jail ‘at Crown Point

CHILD BADLY BURNED Baby May Die From Fire Brother Started. Matches in the hands of children were responsible today for burns that may prove fatal to Dorothy Miller, 18-months-old daughter of Mr. and Mrs. Floyd Miller, 1245 Lee street. Playing with her brother, Floyd Jr.,-4, on the floor, the girl was a victim of burns when- her dress caught fire as one of the matches flared up. Hearing screams of the mother, Richard Phillips, 21, who lives next door, rushed into the house and smothered flames consuming the baby’s clothing. After first aid treatment the child was sent to city hospital, its face and more than half its body burned. NEEDY BLIND PENSION MEASURE IS KILLED Senate Bill Wrecked by Adoption of Committee Report. A bill providing for pension fund for needy blind persons was killed in the Indiana senate today upon adoption of an unfavorable committee report. A similar bill was killed in the house recently. The senate also killed the Sage house bill, which would have made the Louisville bridge taxable. An unfavorable committee report was adopted almost unanimously by the senators. The bill provided for repeal of the 1929 law that exempted from taxation bridges across a navigable stream or across any stream forming a boundary of the state. HARRY DAUGHERTY’S AGED MOTHER DEAD End Comes in House Block From Son’s Bank Fraud Trial By United Press WASHINGTON COURTHOUSE, 0., Feb. 24.—Mrs. J. Draper Daugherty, 95, mother of former United States Attorney-General Harry M. Daugherty and of Mai S. Daugherty, died at her old homestead in court street early today—just a block from the courthouse where Mai is being tried on charges of violating the state banking laws. DUMPERS ARE WARNED Industrial Chiefs Called Down by Sanitary District Heads. Determined to stop dumping by industrial plants into Pogue’s run, sanitary district officials today called alleged offenders into conference.

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CLARK ATTACK i ON DRY LAWS IS OVERRULED Supreme Court’s Decision Verifies Validity of 18th Amendment. FINDING IS UNANIMOUS Ratification Mode Upheld: Congress Has Sole Discretion. J3jt L nited Press WASHINGTON. Feb. 24. The supreme court manimously upheld the '-validity of the prohibition amendment today. The court in a decision on a go\ernment appeal from the famous decision of Federal Judge William Clark of New Jersey upheld in all respects the ratification of the eighteenth amendment by legislatures of the states. Justice Owen J. Roberts an- ! nounced the reversal of Clark's de- ] cision by a united bench of eiglu | members of the highest court in ! the land. Chief Justice Hughes did ! not sit in the case. Congress, the court i ufcd. has sole discretion as to whether a constitutional amendment is to be ratified by state conventions or legislatures. The point at issue was the contention that ratification of the eighteenth amendment by state legislatures instead of by constitutional convention, was improper. Reads From Memory J”,dce Roberts read the decision as u from memory, seldom glancing at his printed paper as he addressed the crowded courtroom. Judge Clark of New Jersey in the case involving two men charged with beer running, held that because it affected individual rights the eighteenth amendment should have been ratified by state convention instead of legislatures. “The choice of the mode of ratification lies in the sole discretion of congress,” Roberts, junior member of the court, said: Changing the fifth article of the Constitution to require such amenaj ments to be made by conventions j “can not be done,” he pronounced. Has No Limited Operation “The tenth amendment was in- ] tended to confirm the understanding of the people at the time the Constitution was adopted that powers not granted to the United States j were reserved to the states or to i the people,” he said. “It added nothing to the instruI ment as originally ratified and has j no limited and special operation, as is contended, upon the people’s delegation by Article 5 of certain functions to the congress.” He referred here to the argument that the tenth amendment adopted after the Constitution itself was adopted had a. limiting effect de- | signed to prevent rights being taken from the people through acts of their legislatures in ratifying constitutional amendments. Referring to the governments arguments and contentions in the case, the court’s opinion said: “The United States relies upon the fact that every amendment has been adopted by the method pursued in respect of the eighteenth appellees reply that all these, save the eighteenth, dealt solely with governmental means and machinery rather than with the rights of the individual citizen. Citizens’ Rights Touched "But. we think that 'several amendments touch rights of the citizens. Notably the thirteenth, fourteenth, fifteenth, sixteenth and seventeenth and in view of this, weight is to be given to the fact j that these were adopted by the ; method now attacked. “For thjse reasons we reiterate what was said in the national prohibition cases, that the 'amendment by lawful proposal and ratification has become a part of the Constitution.’ “The order of the court below is 1 reversed.” The rulnig of Judge Clark, one of the youngest jurists on the federal beenh, was handed down several weeks ago in Newark. It held the eighteenth amendment was inserted improperly into the Constitution because it was ratified by state legislatures instead of by state conventions. The government immediately brought its appeal from the Clark ruling, indicating its fears that the decision would have a harmful effect on enforcement, by asking an early hearing. The court broke all precedents to set arguments down for Jan. 21. Test Case Brought Up The case Involved William H. Sprague, clerk of Wantage township, New Jersey, and William M. Howey, a farmer, who were accused of selling a small quantity of liquor. It was prosecuted by Phillip Forman, United States attorney. Seizing an opportunity of making a test case, an imposing array of defense attorneys was brought into the case. It included Frederic M. P. Pearse of Newark, N. J.; Selden Bacon. Daniel F. Cohalan, former supreme court justice of New York, and Julius H. Cohen. They presented the attack upon the validity of the method of adoption of the eighteenth amendment which opened the way for Justice Clark to make his decision. Hourly Temperatures 6a. m 35 10 a. m 39 7a. m 35 11 a. m 40 Ba. m 35 12 (noon).. 40 9a. m 37 Ip. m..... 43