Indianapolis Times, Volume 43, Number 27, Indianapolis, Marion County, 11 June 1931 — Page 11

Second Section

ACTS OF 1931 FIGHT MAY GO TO UJ. COURT Mayr May Seek Federal Ruling on Publication of Statutes. OGDEN STUDIES OPINION Attorney-General to Draft Statements on Legality for Officials. Steps to bring into federal court the state's legal mixup over publication and distribution of the 1931 legislative acts, were being considered today by Prank Mayr Jr., secretary of state, and other Indiana officials. Mayr said he may attempt to gam federal jurisdiction, to obtain a definite answer as to whether the acts can be published legally with House Bill 6 omitted. However, Mayr is prepared to proceed with publication of the acts, basing the possibility on an opinion wr>ten by Judge Clarence R. Martin of the state supreme court. Ogden Studies Opinion Meanwhile, Attorney - General James M. Ogden proceeded to study the Martin opinion and the two others, majority and minority opinions, handed down by the high court Wednesday. Out of the divergent views he expects to draft his own opinion of whether it is ""legal to publish the acts, excluding House Bill 6. This opinion has been requested by Mayr, who Is acting on an oral opinion, from deputy attorneys general in the case declaring publication legal. Court Approved Plan Support was given this view by Judge Harry O. Chamberlin of Marion circuit court Wednesday afternoon. He approved a statement written by Joseph Hoffman, corporation department chief, which is to be inserted in lieu of House Bill 6 in the acts. Approval also was given by attorneys in the House Bill 6 case, it was said. Should publication continue without hindrance, the acts will be distributed and can be declared in force by the Governor within ten days or two weeks, according to J. Otto Lee, printing board secretary. In taking the House Bill 6 suit into the supreme court Mayr announced that his purpose was to receive a definite view as to legality of publication. Chamberlin had issued a restraining order forbidding publication of House Bill 6. A case is pending before him to make this order permament on tire ground that the bill was passed by fraud. Ogden proceeded on Mayr's behalf to seek in the high court a writ of prohibition which would dissolve the Chamberlin injunction. Judges Disagree Justice Martin wrote a majority opinion, setting out, in addition to the writ denial, that it was the right and duty of the secretary of state to publish the acts without House Bill 6. Judge David A. Myers rvrote an opinion concurring in the writ denial. but not touching the point of publication of the acts. This was concurred in by Judge Julius C. Travis, the three Republican judges agreeing to deny the writ of prohibition. Judge Walter E. Treanor, however, wrote a minority opinion, declaring the circuit court has no right to interfere with publication of any act, and that all should be published, or none could be published. This view was concurred in t>V Judge Curtis W. Roll. Both are Democrats.

Treanor Gives Opinion Touching the point of publication the Tremor opinion said the following: "We do not believe that, the secretary of state has any discretion in the matter of omitting one or more acts from his publication of the acts of the general assembly, and we do not think the courts should, In effect, amend Section 11646, Burns Annotated Statutes, 1926 (the law relating to publication of thf acts). In urging the other acts be published. Justice Martin cited the constitutional duty of publication imposed on the secretary of state and several decisions supporting his view that all acts need not be included. Meanwhile, House Bill 6 awaits further action in circuit court. PROBE MYSTERY BLAST Meteor Theory Abandoned as Trace of High Explosive Is Found. By United Prett MALINTA, O. June 11.—Residents of northwestern Ohio who were awakened rudely earl Wednesday by a violent explosion near here, generally abandoned the theory today the blast was caused by a fallen meteor. Explosive experts and city officials, including Mayor Martin Kline, said the disturbance was caused by a charge of nitroglycerin, although the manner in which it was touched off remained a mystery'. K 0 N JOLA Stl I T~TAR GET CINCINNATI. June 11—Appointment of a receiver for Konjola. Inc., nationally known manufacturers of a patent medicine, was asked in a petition filed in federal district court here today by the C. L. Doughty advertising agency. The company claims Konjola owes it money on monthly contracts and has outstanding obligations and accruing liabilities of $150,000. School Officer Is Dead By Timet Special GREEN SBURO, Ind., June 11.— Walter M. Sharp, 64, Decatur county school attendance officer, is dead at his home here, a victim of heart attack.

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Quartet Joins Butler Staff for Summer

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Four new Butler faculty members will begin duties when summer school opens at the Fairview school with 170 courses in the curriculum. They are: Walter Gingery, principal of Washington high school; Henry M. Whisler, former state director of teacher training; Ludwig von Gerdtell, president of the German Evangelistic Union, and Charls M. Sharp, assistant principal of Emmerich Manual training high school. TRIBUTE IS PAID JERRY KINNEY Death *a Grievous Loss/ Resolution Says. Tribute ,to Jerry Kinney, Indianapolis police chief who died Tuesday, and his forty-four years' of service in the department, was paid by members of the Associated Employers of Indianapolis, in a memorial resolution adopted Wednesday, “Jerry Kinney’s death has brought to our citizenship the grievous loss of a progressive, superior, sincere, and scrupulously honest police executive, whose rare gifts and intelligent service in police work stand unsurpassed in the nation’s record of modern criminology and law enforcement,” the resolution stated. City councilmen this afternoon adopted a resolution in sympathy and praise of Mr. Kinney. They will attend the funeral in a body. Several councilmen spoke in memorial to Mr. Kinney, George A. Henry lauding The Times for “the wonderful stories on Mr. Kinney’s life”. Mr. Kinney’s body is at the home of his brother, James Kinney, 3664 Kenwood avenue. Brief services will be held there Friday morning, followed by services at St. Bridget’s Catholic church. Burial will be in Holy Cross cemetery. YEGGS MACK SAFE S3OO Booty in Loose-Wiles Company Robbery. . Yeggs who pried off the front door of Loose-Wiles Biscuit Company, 711 Fulton street, early today cracked the safe and made away with S3OO. Vernon Taylor, an employe, found the safe open when he reported for work. Louis A. Baumgart, manager, said the loss was insured. A police emergency squad Wednesday night pursued two men reported to have robbed a cab driver, but failed to capture the. Earlier Guy Coy, 750 H Virginia avenue, had been held up by two men who took $11.50 and his cab. MRS. LARSH. PIONEER STATE RESIDENT, DIES Lived Here for Thirty Years; Parents Settlers at Richmond. Mrs. Mina E. Larsh, widow of Henry Clay Larsh, 814 East Fiftieth street, died early this morning at her home, following a four months’ illness. Mrs. Larsh. whose parents, Dr. and Mrs. Bentley Mendenhall, were among early Quaker settlers of Richmond, was born in Richmond, June 15, 1853. She has made Indianapolis her residence for the last thirty years. Funeral services will be held at 2 Saturday at Flanner & Buchanan mortuary. Dr. Frank S. C. Wickes will officiate. Friends may call at the home after 4 today. Mrs. Larsh is survived by a daughter. Miss Mayme Larsh, Indianapolis probate attorney, and a nephew, Raymond Mendenhall, Richmond.

VETERANS TO GREET HOOVERS MONDAY

Mocg than 1.000 members of the veterans and patriotic organizations of Marion county will greet President and Mrs. Hoover when they arrive here at 4:30 Monday afternoon to attend the dinner of the Indiana Republican Editorial Association. The organization will be grouped in a mass formation on the World War Memorial pla2a and will salute as the presidential party passes on its way to the Governor’s mansion where the Hoovers will be the overnight guests of Governor and Mrs. Harry G. Leslie. gPians have been completed for rearranging the tables for the ban-

BANK TROUBLE ANALYZED BY RESERVE HEAD Blame More on Men Than on System, Declaration of Chicago Speaker. FROZEN ASSETS FAULT State Association Members Hear Criticisms in Convention Talk. Too many banks and too few bankers , . . the cause of bank troubles in our territory is the practice of a bank’s assets being unliquid as long-time real estate mortgages .. . the business patient may be sick, but we know that it is not going to die . . . times are amazing, finding our coffers full of idle money and unused credit. These pertinent criticisms of the banking profession were made this morning by Eugene M. Stevens, chairman of the Federal Reserve bank of Chicago, in an address before the thirty-fifth annual convention of the Indiana Bankers’ Association in the Claypool. Stevens stressed the international obligations of the nation, from “which we can not escape.” Caused by Frozen Assets “Most of the bank failures in the last ten years have come from frozen or greatly depreciated assets,” he said. “I venture the opinion that our financial troubles have not been due so much to the banking system as to its administration. When business moved at high speed, banking attracted many people without training, and this, coupled with a lack of discrimination in granting bank charters, led to too many banks and too few bankers to man them,” he said. “We are learning lessons in these troublesome times, and one of importance is liquidity in banks. A bank's first obligation is to its depositors, to meet their demands for money when they want it. “Equities and securities based on real estate during times of depression are about the most unliquid thing a bank can carry. Required Courage “The greatest courage of all during speculative times was the courage to be conservative, as some bankers in the nation have been. The public has a right to expect banks to conduct business along safe and non-speculative lines. “The business index shows that, except for seasonal effects, there has. not been much change in the last four or five months. This leads us to hope that drastic declines have been checked and the next change may be for the better. “The day will come, and it is not far distant, when we will look back on the present inertia in the use of money and.credit with much the same wondering criticism we now apply to the hysteria of its misuse a few years ago,” he concluded. Fred D. Rose, Muncie, president of the Merchants Trust and Savings Company; Dr. Lionel D. Edie, Capital Research Company, New York, and T. D. Barr, deputy state bank commissioner,' were other speakers at today’s sessions. The annual banquet of the association tonight in the Riley room of the Claypool concludes the meeting.

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Electric Refrigerator Gift to Riley Hospital

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Left to Right—A. F. Head, manager of the Hoosier Electric Refrigerator Corporation, presenting the gold-plated millionth General Electric refrigerator to Jack Rhodes, president of the Indianapolis Kiwanis Club.

quet in the manufacturers’ building at the fairground Monday night so that an additional 200 persons may be seated. The doors of the building will be thrown open after the dinner so that the public may be admitted to hear the President speak, Paul R. Bausman, president of the editorial association, announced. Electric voice amplifiers are being installed in the building, and on thg, outside at the west end, where there is a largtf grassy plot. President Hoover ir scheduled to speak at 8:30 p. m.. and radio hookups with- the NBC and Columbia network been arranged.

The Indianapolis Times

INDIANAPOLIS, THURSDAY, JUNE 11,1931

'Boys in Blue 9 Still Are Going Strong

nrniirrA IT I IQ \ PERU. Ind . June 11.—Clarence C IplaKr r \ A 8 I II %' Ryan. Evansville, was named presi ULUIILLO fa I II Ul dent^tHa^lndiai^ * If*Ci i Ow. Ind. June 11 ■ ’ side .uJ id ®I j j Pen. ind participate in the commence- >. ** diana. .... .. nent, but who will not be granted , - - A B ain in membership dunng th heir diplomas until October. They MM I pasfc year of approximately 3,801 _ t ii+„ t j ** „. —, was rp nor ted bv Cloe. secretary.

950 WILL 6ET DE6REESAT I. U. Diplomas to Be Awarded Monday Night. By Times Special BLOOMINGTON. Ind.. June 11.— Approximately 950 students are scheduled to receive degrees from Indiana university next Monday night at the university 102d commencement exercises. The 1931 class will include 738 who actually will receive diplomas and approximately 225 others, who will be counted as members of the class, and participate in the commencement, but who will not be granted their diplomas until October. They still lack a. few credits for graduation, but will finish their work during the summer. The commencement speaker will be Dr. Gordon Jennings Laing, Latin professor and dean of the division of humanities, University of Chicago. The baccalaureate speaker will be the Right Rev. George Craig Stewart, bishop of the Chicago diocese of the Episcopal church. The three-day commencement program for this year will open Saturday morning, with alumni reunions and other activities. Three days of gala entertainment will culminate with the commencement proper. OXNAMS TO TRAVEL f De Pauw Chief, Wife Will Sail for Europe. By United Press GREENCASTLE, Ind., June 10.— Dr. G. Bromley Oxnam, president of De Pauw university, and his wife will spend this summer traveling in England and Europe, they announced today. They plan to sail June 20.

The one millionth refrigerator built by the General Electric company was given to the Kiwanis unit of Riley hospital at a luncheon Wednesday of the Kiwanis club in the Claypool. The refrigerator, * gold-plated, was given to the club by A. F. Head, manager of the Hoosier Electric Refrigerator Corporation. The refrigerator will be on display in the corporation’s downtown office, 108 Monument Circle, this week and then will be placed in the new Kiwanis unit at Riley. Seek to Issue Phone Stock Petition for issuance of 100 shares of common and preferred stock was filed with the public service commission Wednesday by the Southern Indiana Telephone Company. Money derived from the issue will oe used to retire notes, money of which was used in reconstruction, projects of the utility. The will be valued it SIOO a share. *

Newcastle, the “Rose City,” has other roses besides the garden variety. That's w r hat G. A. R. veterans found out as they rested between business sessions at their annual encampment's last day, Thursday. Upper Left—ColOnel George E. Hase of Valparaiso found tw r oof the city’s buds on the main street. Upper Right—The “how-come” that Lee surrendered to Grant, and “why.” Lower Center—Emulating a cavalryman, Martha Payne, 12, rode her "Jackie Coogan” into a group of G. A. R. veterans and found J. W. Keesli.ng, Muncie, ready to tell her hem he reined his horse Gumbo the day he took that message to “Colonel So-and-So.”

Big Heart Bankers Find They’re Just Donating on Small Check Accounts.

BY ARCH STEINEL IP the song-writers were unable to find out who paid the rent for Rip Van Winkle while he snoozed, they might interview members of the Indiana Bankers’ Association today. For the financiers found out today that they were a bunch of good-hearted boys, handing out a free lunch with every checking account they accepted from Dear Old Man Public. The charitable leanings of the bankers were discussed in an address by Fred D. Rose, Muncie, president of Merchants Trust and Savings Company, wken he showed them how they were losing money on small over-active checking accounts. He cited a remedy which will be tried for the first time in the state in his bank at Muncie. The remedy is a hike in the service charge from 50 cents to $1 for small checking accounts. a a a FOR instance, a person with a bank balance averaging SIOO, under Rose's plan, would pay $1 monthly charge for issuing ten checks on his account and 5 cents additional on each check over the ten. Rose's schedule runs up to accounts averaging SSOO in balance, and he says his bank will go farther than that and make any acopui.t that is not paying its way become an asset instead of a liability. “There should be absolutely no exception in making the $1 service charge. Churches, lodges and Sunday schools should be. made to pay the charge as well as individuals,” he declares. a a a “TT7HEN we first placed the W fifty cent service charge on checking accounts falling below a certain amount, we found that some depositors immediately placed money to their credit to avoid payment of the charge. It will work the same under the. dollar charge. We will be imposed < upon just as long as we permit it,” he said. “Bankers must realize that the volume of business does not pay its way. The fifty cent charge for small accounts hardly scratches the surface in paying the bank for its bookkeeping costs,” he added. He cited statistics showing that where five checking accounts were in banks to each SI,OOO years ago, that now thirty-five accounts would total SI,OOO. Sleeps in Auto; Robbed By United Press KOKOMO, Ind., June 11.—C. J. Schulte, Cleveland, 0., was beaten and robbed of SBO today while sleeping in his automobile on a highway near Kokomo, he reported to police. Schulte said he was en route to California. Four suspects were arrested a few hours later and identified by Schulte as his assailants,

2,500 ATTEND V. F.WtPARLEY Connersville Plays Host to Soldier Group. By Times Special CONNERSVILLE, Ind., June 11.— Connersville was host today to 2,500 visitors and delegates gathered for the annual state encampment of the Veterans of Foreign Wars. A banquet and public street dance will be held here tonight, when delegates from all Indiana pests are expected to have arrived. Edward G. Schaub, Indianapolis, state commander, is here. Other visitors will include Harold Decoe of Sacramento, Cal., national vice-commander; John Vansant.of Altoona, Pa., national chief of staff, and John H. Ale of Indianapolis, veterans’ bureau regional director. Mrs.'Ada Harrison of Woodlawn, N. J.. national president of the V. F. W. auxiliary, also is expected here today. BEER TESTER IS LEGAL Federal Judge Rules Dry Agents May Use Ebulliometer. By United Press TRENTON, N. J., June 11.—The ebulliometer —that strange instrument which, when dropped into a keg of beer promptly registers the alcoholic content— is perfectly legal and may be used hereafter by federal prohibition agents, Federal Judge John Boyd Avis ruled today. ‘MISTAKE’ WAS HERS Wabash Woman, Married Four and a Half Months, Asks Divorce. By Times Special WABASH, Ind., June 11.—Married four and a half months, Mrs. Margaret Kessler, has filed suit for divorce from her husband Donald. She charges he was cruel, nagged her constantly, told her he made a great mistake in marrying her, and boasted of his association with other women.

BUTLER GRADUATES’ ACTIVITIES ARE SET

A scholastic fraternity’s initiation of iorty-six members and the annual senior ball Friday night will begin commencement activities which will be climaxed with presentation of degrees at Butler Monday morning. In the Butler Campus Club Friday night Phi Kappa Phi will reward seniors with highest scholastic standings, and the same night the seniors will dance at Avalon Country Club at their final ball. Saturday the faculty will meet to pass cm degrees and diplomas, and a program will honor Dr. Robert J. Aley, who is retiring as president of the university and will become president emeritus.

afternoon the alumni event.

Second Section

Entered •• Second-Class Matter at Postofflce, Indiana!, oils

EAGLES ELECT AT CONVENTION Evansville Man Is Voted Lodge's President. By United Prett PERU, Ind.. June 11.—Clarence G. Ryan, Evansville, was named president of the Indiana Order of Eagles at the sta> convention in session here. Other officers elected were: Vice-president, Raymond Journey, Portland: secretary, Ernest E. Cloe, .Noblesville; treasurer. Daniel Gutgsel, Michigan City; chaplain, Charles Stewart. Kokomo; conductor, A. M. Pollis, Wabash; outside guard, Edward Wilkins, Peru; inside guard, O. L. Grimes. Terre Haute; trustee, Lowell Neff, Logansport. A strong support of the old age pension plan was given by O. P. Deluse, Indianapolis, in an address reviewing progress of the Eagles’ campaign for the pension in Indiana. A gain in membership dunng the past year of approximately 3,800, was reported by Cloe, secretary. Addresses- were given today by Frank Hering, South Bend, past national president and editor of the Eagles’ magazine; Louis Ludlow, congressman from the Seventh district, and Boyd Gurley, editor of The Indianapolis Times. Warsaw, Evansville, Columbus and Vincennes were seeking the convention for 1932.

DAILY STUDENT EDITORS ARE SELECTED AT I. U.

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By Times Special BLOOMINGTON, Ind., June 11.— Editors of the Indiana Daily Student, campus publication at Indiana university, for the first semester of the next school year, will be Ralph Norman. Lizton, and Mark Rodenbeck, Arcadia, it has been announced. Norman will edit the paper the first half of the semester while Rodenbeck will have charge the latter half. Norman has been a member of the Daily Student staff for four semesters. He is secretary of the Indiana university chapter of Sigma Delta Chi, a member of Phi Delta Gamma, and Lambda Chi Alpha. Rodenbeck also has been on the Student staff four semesters. He is treasurer of Sigma Delta Chi and a member of Alpha Tau Omega. 5 MILLIONSJN SEA Divers to Cut Into Sunken Liner for Gold. By United Press BREST, France, June 11.—The salvage ship Artiglio, which is attempting to recover $5,000,000 in gold bullion and coin on the sunken liner Egypt, will not attempt to cut away the liner’s strong room and lift it bodily because of the blasting danger and also because of the room’s great weight of more than fifty tons. Divers will cut through three decks and, having effected a lsrge hole in the middle of the ship, dense a means of carrying up the gold in special scoops.

association and classes of ’Bl, ’O6 and ’2l will meet, and the annual alumni supper will be served at 5:30. Butler fieldhouse will be the scene of baccalaureate services Sunday at 4 p. m., when President C. T. Paul of the college of missions at Hartford seminary, will speak. The seventy-sixth annual commencement exercises will be held Monday morning, when Dr. Stanley Coulter, former dean gs men at Purdue, will speak. An academic march will precede the latter service. Butler authorities have invited the public to baccalaureate and commencement services and provided fifteen thousand seats in the fieldhouse for each

THIRD BROOKS WILL SPUR TO C9URTBATTLE Housekeeper’s Alleged Find Comes as New Trial Motion Is Filed. $200,000 IS INVOLVED Charity Groups Legatees of City Man in Document Held Valid. Reported finding of another will today by a housekeeper renewed entanglements over the estate of Bartholomew D. Brooks. Indianapolis business man. as attorneys filed a motion for anew trial to test validity of two other wills. Only partially confirmed by the housekeeper, Mrs. Linnie Whitcomb, it was learned that a will, signed by Brooks a few days before his death, June 1930, had been found in a desk at the Brooks home on Blaine avenue. Anew trial on the two other wills, if granted by probate court, will contest a jury's decision, two weeks ago, which upheld a will, dated 1922, and leaving approximately $200,000 to Indianapolis charity organizations. Employes Were Named This will in favor of the Indianapolis Home for Aged Women and the Indianapolis chapter, American Red Cross, was upheld by the jury over another will, signed March 1930, naming Robert Hackney, business aid of Brooks, and other employes as beneficiaries. Brook's estate was valued at approximately $250,000. Mrs. Fred McArthur, who ia supposed to have shared in the will reported found today, declared the report was true. It has not been turned over to an attorney yet, she believed. When questions were pressed upon Mrs. Whitcomb, regarding the discovery, she said: “I am not putting out any information until the right time and then I will call you.” Attorney Claude Anderson, who filed a motion for anew trial upon request of his client. Robert Hackney. said that he "had not heard of another will,” Denial Is Likely The motion for trial is expected to be denied by Probate Judge Smiley Chambers. Anderson did not state whether the case would be appealed. Basis for the motion is that the court erred in instructing the iury that the 1920 will's validity definitely had been established during the four-weeks’ court battle. This was a matter for the jury to decide, the motion contends. Junors declared they were of th opinion that Brooks was of unsound mind when he made the 1930 will and that his signature was obtained through fraud and trickery. Began After Funeral Fight over the estate of Brooks began before his funeral, when a woman, asserting she was his com-mon-law wife, asked to be appointed administratrix. Mrs. Whitcomb, who was reported as finder of the new will, was involved in the recent court battle. Her small daughter, was awarded a house and $3,000 by terms of the 1930 will, which was declared fraudulent by the jury. Other beneficiaries besides the charity groups under the jury’s verdict are a half-sister of Brooks, Mrs. lone Clark Stubbs, who will receive about $53,000, and seven cousins. -The ousted 1930 will was found a few days after Brook's death and presented in probate court by A F. Zainey, attorney, who declared Brooks wrote it in his office on a iypewTiter. Matters relating to its typing were high points of argument in the recent court battle.

Norman

INDIANA GAINS MADE BY TELEPHONE SYSTEM Special Sales Effort Results In 5 Per Cent Increase. The number otf telephones served in Indiana by companies of the Associated Telephone Utilities system w-as increased 5 per cent by the addition of new subscribers in a special four-weeks' selling effort recently concluded, it was announced today. Os the new stations added, more than 2.000 had not previously been subscribers of the companies. Similar sales campaigns are under way and planned in other states served by the system. BOND ISSUE REFUSED State Tax Board Against $15,150 Road Paving Project. Argument of Henry Stump that paving his road north from East Sixteenth street to Pendleton pike would aid the President's unemployment relief plea failed with the state tax board today. The board denied a $15,150 bond issue for improvement of the thoroughfare, their second refusal on the petition in the last three years, OPPOSE DITCH PROJECT Lyndhurst Residents Voice Protest at Mass Meeting. Opposition of property owners a drainage ditch construction from Lyndhurst drive to Eagle creek was voiced at a meeting in the Fleming school No. 14, Wednesday night. Clayton C. March, chairman of the protest meeting, declared that three thousand property owners living along the proposed ditch were against its construction as authorized by county commisisoners. Hearing on a suit to restrain the construction company will be held in circuit court Friday momihs.