Indianapolis Times, Volume 42, Number 284, Indianapolis, Marion County, 8 April 1931 — Page 5

APRIL K 1931

DEFER HEARING ON LEGALITY OF BUS-TRUCK BILL Ogden Asks Delay; Court Prayed for Injunction to Stop Printing. Hearing on the temporary rest raining order preventing Secretary of State Frank Mayr Jr., from publishing House Bill 6, in the acts of 1031, has been changed from Thursday to 2 p. m. Monday by agreement of attorneys. The new date was announced following a conference in the office of Attorney-General James M. Ogden, who will represent the secretary of state in the suit. Temporary restraining order was issued by Judge Harry O. Chamberin in Marion circuit court Tuesday. Action was brought by the cities of Indianapolis and Muncie and Clarence F. Hudson, Delaw-are county taxpayer. Cities are interested in preventing the bill from becoming the law because it would abolish “home rule” in the matter of bus and truck line jurisdiction, giving absolute power to the public service commission. In asking that the restraining order be made permanent they point out that the bill as signed by the Governor never was approved by the senate. Should the court go into this matter, it will be the first time in the history of Indiana jurisprudence that they have gone into the enrollment of an act. Eminent lawyers, however, contend that there is nothing to prevent the court from taking such action. BANDITS ROB COUPLE Fair of Thieves Get Gun, Auto, Watch and Money. Mr. and Mrs. Doyle E. Brady, Edgewood road and Arlington avenue, were robbed by two bandits near their home Tuesday night. They told police they were robbed of a revolver, automobile, watch and money. Aged Veteran Buried By Times Special RICHMOND, Ind., April B.—Funeral services were held Tuesday for John W. Loven, 82, Civil war veteran, who died Sunday.

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BY BEN STERN When L. E. York, superintendent of the Indiana Anti-Saloon League, told members of the Central W. C. T. U. that in event both major parties nominated “wet” candidates, the league would sponsor a third party or an independent “dry” candidate for the contested office, he indicated that past history on fig- j ures didn't have much meaning for him. No matter how strong the dry j sentiment in Indiana, putting over a third party or an independent candidate is a forlorn hope. Granting the correctness of York’s statement that the league I has between 150,000 and 200,000! supporters in Protestant churches' of Indiana, he would experience j great difficulty in alienating these I drys,” staunch as they may be,! from the two major parties. 808 The dry ideal has been accomplished. Years ago when the prohibition issue was young and prohibitionists always were defeated, there really were many fanatical drys and they would qnd could organize. Nowadays if the layman will study closely the situation, he will find more fanatical wets than drys. But even in those days there never could be said to have been any great outpouring of dry advocates to vote the prohibition ticket in Indiana. tt B B The largest vote ever cast for this ticket since it first was placed on the ballot In 1876 was in the election of 1904, when 23,496 voted for its candidate for president. Then came a gradual decline and within the last decade its record, based on the vote for secretary of states, is as follows: 1924, 3.747: 1926, 5,301; 1928, 5,496, and 1930, 7,658 votes. These out of more than 1,000,000 votes cast in every election. York must have inside information not obtainable from the public records if he honestly thinks the drys can put over a third party or independent candidate for a major state office. The records speak for themselves.

SPLIT FAILS TO STEM FIGHT ON LINKS LEASE One Group Withdraws From Moves to Force City to Oust Woodstock. Fight of the North Side Federation of Civic Clubs to force the city to cancel of fifty acres of park land to the Woodstock Country Club today was resumed, despite difference of opinion on the matter which developed at the federation meeting Tuesday night. H. H. Jones, Northwest Civic League president, withdrew from the federation committee working on the Woodstock project, stating his league had gone on record opposing breaking of the lease. The league felt a park in the locality is not necessary now, and to turn the land to public use now would depreciate property values in the community, he said. He added that canceling the lease would force the city to stand the $6,000 annual interest charge on $150,000 bond issue used to purchase the land. The Woodstock club now pays the interest. charge as rental. The city acquired the land for

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THF INDIANAPOLIS TIMES

park purposes in 1915, building a clubhouse and leasing the land to the club for ten years. Ln 1920 the lease was renewed until 1930 and in 1922 the lease again was renewed until 1940. Fight for cancellation of the lease is headed by Gustav G. Schmidt, former city councilman.

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The city had no legal right to ! lease land acquired for park pur- | poses to private individuals, Schmidt i asserted. “Under the present situation,” he said, “I. with all other taxpayers, am forced to pay for the land for ; the benefit of a private golf club, t and if I should enter upon this land

I for which I am helping to pay I ! could be thrown off as a trespasser.” Answering objection that cancelI ing the lease would force the city ' to pay the interest on the bond is- | sue, Schmidt declared he would pay | the interest in return for concession ' rights on the land as a park, add-

ing he could clear SIO,OOO more than the interest. Declaring he would continue to fight for cancellation of .the lease, if he had to fight and use his own money in court, Schmidt said a letter would be sent to the park board demanding consideration of a brief pointing out illegality of the

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lease, filed with the park board in January by Oscar F. Snvtn, federation president. Suggestion that the Woodstock Club buy the land, permitting the city to use the funds to buy park lands elsewhere, was made by Mrs. B. B. McDonald.