Indianapolis Times, Volume 43, Number 56, Indianapolis, Marion County, 15 July 1931 — Page 1

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LOWER COURTS OF NATION ARE SCANDAL-TAIN e, HOOVER IS TOLD BY WICKERSHAM BOARD

Justice ‘Put to Shame’ in Mooney Case

By United Press WASHINGTON, July 15—The working of the law as revealed in the Mooney-Billings case, which was cited as a reason for revision In court procedure for retrials, was called “shocking to one’s sense of Justice" in the report of the Wickersham commission today. It said: “Motions for new trials upon the ground of after-discovered evidence, or upon evidence of perjury committed by material witnesses on the trial discovered after Judgment, in some Jurisdictions have been held to be inadequate to prevent injustice. “This was peculiarly manifest in the famous Mooney case in California, where, upon appeal to the supreme court of the state from the Judgment of conviction of murder and an order of the trial court denying motion for anew trial, that court held that anew trial coiilfl not be granted upon matter not appearing in the record, even though the new matter consisted Os evidence charging perjury on the part of a material witness for the state and although the attorney-general stipulated that the motion might be granted. “Such a state of the law is shocking to one’s sense of justice.”

STATE MAY 0. K. INSULL MERGER Proposal Unopposed at Board Hearing. Latest merger plan for Insull electric properties in Indiana likely wili be approved by the public service commission it appeared today. At the hearing on the merger petition, conducted by Commissioner Howell Ellis, no one appeared to oppose the Insull plan. The plan is to consolidate properties and management of the Indiana Electric Corporation into the Public Service Company of Indiana, formerly the Interstate Public Service Company. Attica Electric Company and the Wabash Valley Electric Company would also be merged into the Northern Indiana Power Company. The Public Service Company of Indiana operates largely in southern Indiana, serving 192 communities with electricity, twenty-five with gas and seventeen with water. It controls the Jeffersonville and New Albany street railways and operates the tnterurban line from Indianapolis to Louisville, Ky. Ellis declared that the properties will be inspected by commission engineers and accountants and further hearings held. CITY BOARD MN HOLE’ ON AIRPORT REBIDS Revamped Figures Puts Project Cost >BOO Above Original Figure. Members of the works board, anxious to obtain low bids on construction work at the municipal airport, today are recipients of the "royal bird.” June 29 the board received the low bid of the Mead Construction Company, which named the price of $lO,852 for the work. Readvertising, the board today opened five bids to find the same company low. But, in the interim, the price had changed. The new low as $11,650 nearly SBOO higher than the original bid. The work consists of erection of concessions stands, taxiways and other airport improvements. TAX FIRMS ARE FLAYED Deputy Treasurers Should Collect, Is Ogden’s Assertion. A blow was struck today at the firms here and elsewhere throughout the state that specialize in delinquent tax collections by contract with the county treasurers. In an opinion so Lawrence F. Orr, chief examiner of the state board of accounts, Attorney-Gen-eral James M. Ogden ruled that such collections must be made by deputy county treasurers who are residents of the county. Orr asked for an interpretation of the 1927 statute covering this point. GRACE MOORE MARRIES Opera Singer Is Actor’s Br^de; Many Notables Present. By United Press NICE, France, July 15.—Miss Grace Moore, New York Metropolitan nera singer, was married today to Valentine Parera, Spanish actor. The wedding was attended by Charles Chaplin, Gloria Swanson. Mr. and Mrs. Michael Arlen, Dorothy Caruso. Gloria Mrs. Arturo Tosdanini and Miss Wally Toscanini. Aged Woman Killed By United Press LOGANSPORT, Ind., July 15. Mrs. Ella Frye, 72, was killed instantly Tuesday night when the automobile driven by Stephen Watkins, 77, struck fresh gravel and plunged over a twenty-foot embankment. Mrs. Frye’s neck was broken. Watkins was unhurt,

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VOLUME 43—NUMBER 56

Commission Asserts Flatly Link With Politics Must Be Cut. BRANDED AS SLOVENLY Urge Practice of Making Traffic Violator Criminal Be Abandoned. BY PAUL R. MALLON United Press Staff Correspondent WASHINGTON, July 15. Throughout the nation scandal marks the work of police, traffic and magistrates’ courts, the Wickersham commission told President Herbert Hoover in its eighth report entitled “Criminal Procedure," issued today by the White House. "Taking the country as a whole, there has been and continues to be scandal in connection with these inferior courts in noteworthy contrast with the almost uniformly clean record of the superior courts during a century of Immersion In politics,” the commission concluded. “Apart from all other considerations, arbitrary methods, incompetent magistrates, tribunals governed by petty politics, and slovenly proceedings at the point at which the great mass of the population come in contact with law enforcement give a bad impression of the administration of justice as a whole and most seriously affect respect for and observance of law generally." Urges Politics be Dropped The commission urged that all the courts be taken out of politics. It suggested many changes In methods of proceedUre—particularly select: i of more competent judges, enlargement of their powers in handling cases, simplification of the system of review, elimination of the fee system, and abandonment of the frequent practice of trying to make a criminal out of a traffic law violator. The Mooney-Billings case in California was cited as a “shocking" example of the crudity of the law in preventing the reopening of a case after it once has been decided. The report deplored the system which prevented both the defendants convicted of murder in that case from getting a netv trial on evidence developed after their conviction merely because the evidence was not related to that brought out during the original trial. Asa primary recommendation with reference to, all courts, the commission called for a changed attitude on the part of both the legal profession and the public as to the choice, tenure and personnel of the bench. Indictment Is Severe Its analysis of the situation in the inferior courts contained the severest Indictment of existing instrumentalities of justice. It pointed out that the chief contact of the average citizen with justice was through petty cases and it recommended that these courts be manned by strong judges and conducted with dignity. “In too many cities little or no provision is made for men of the caliber demanded for the work to be done," the commission said. “Too often the judges are chosen at elections for short terms, are compelled to campaign for nominations and election, and thus are subjected to politics. Politics Is Blamed Arrests are rrfhde indiscriminately, the commission protested. R noted the advisability of establishing administrative agencies to consider traffic cases. Certainly a system of summonses should be substituted for arrests In these minor cases, it concluded. "Indiscriminate exercises of the power of arrest is one of the most reprehensible features of American criminal justice," the report asserted. Politics was seen as the underlying cause of most of the trouble with all of the courts. The model code of legal proceedure of the American law institute was recommended for adoption In connection with most of the technical matters of proceedure. The jury system was admitted to be in a state of “decadence" because picturesque murders go unpunished and just ordinary murders result in convictions. Less use and more rational use of the jury, system was recommended.

CITY HEAT RECORD MAY FALL TODAY

Hourly Temperatures 6 a. m.... 75 10 a. m 89 7a. m 77 11 a. m 91 Ba. m 83 12 (noon).. 91 9 a. m 87 ' 1 p. m 93 Rocketing 18 degrees, the mercury ascended today as the heat wave bore down on Indianapolis and Indiana with the possibility of smashing all-time marks for the day. Steadily, since Monday, the thermometer has climbed in response to the sweltering heat and blistering sun that has poured over the midwest with little or no chance for relief by rain. Standing at 87 at 9, after leaping from 75 at 6, the mark was highest for that time of the morning since ten days ago when a series of daily thunderstorms erased the first torrid blanket Tlroughout the state the temperature is increasing, with Vincennes suffering under 103 and Madison

Quite Drastic By United Press KANSAS CITY, Mo., July 15.—State Senator Michael Casey Is convinced today of two things, that he has some good race horses and that he's made a mistake by not finding it out sooner. Drastic Water, one of Casey’s horses, won a race last week and paid $165 on a $2 ticket, but the senator had not the confidence In his own horse to be* on him. At Latonia Tuesday another of his horses, Drastic Delight, won his race and paid $267 on a $2 ticket. Again, however, Casey had not bet on his own entry.

RUDY VALLEE'S MOTHER DEAD Succumbs After Gallant 3-Year Fight. By United Press WESTBROOK, Me., July 15. Rudy Vallee’s invalid mother, who helped him become the idol of radio’s millions, died today "with her favorite son at her bedside. Death came to Mrs. Katherine L. Vallee, 61, shortly before noon, after a gallant three-year struggle against heart disease, high blood pressure and complications. She had been in a coma more than thirty-six hours. Rudy, married only last week to Fay Webb, actress, had flown here from New York, with his younger brother William, late Monday to comfort his dying mother. She brightened when she saw them, but this rally was short-lived. After the Rev. Father William J. Culbert, pastor of St Mary’s Catholic church, had administered the last rites of the church that same night Mrs Vallee lapsed into a coma from which she never emerged. Thursday night, for the first time in eighteen months, the radio audience will not hear a scheduled Rudy Vallee broadcast. He has cancelled all engagements. LOTTERYJRIALS SET July 29 Date for Hearing of Alleged Racketeers. Gaming charges against Miss Vona Cox, 18, of 2419 College avenue, “mystery” woman in an alleged $2,000,000 Indianapolis and mid-west lottery scheme, will be aired by the state in municipal court four July 29. She will be tried with John Krause, 44, of 1210 North Wallace street, alleged operator of the lottery; his daughter Mildred, 19, alleged pay-off agent, and two other men arrested Saturday In the police drive on Krause and his alleged operations. All are under SI,OOO bond to appear before Judge William H. Sheaffer. Miss Krause and Miss Cox were arrested at police headquarters Tuesday. Miss Cox is an alleged agent of Krause and was working in a cleaning establishment on North Illinois street, which was raided by police. DOHERTY VICTOR Judge Rules Law Invoked Is Unconstitutional. By United Press TOPEKA, Kan., July 15.—Attorneys for the state and Henry L. Doherty planned to complete today taking of testimony in the fight of Cities Service to keep its stocks eligible for sale in Kansas. The case really was finished Tuesday when District Judge George H, Whitcomb ruled that the law under which Carl Newcomer, blue sky commissioner, had banned the stocks, was unconstitutional. By that ruling the stocks, only one issue of which was not barred by Newcomer’s order July 2, were restored automatically to their previous position. Newspaper Man Is Snicide By United Press NEW YORK, July 15.—Harry Ballard, 79, for more than a half century an active newspaper man, shot and killed himself Tuesday night, several weeks after he had written his owm obituary and placed it in the files of the World-Tele-gram, with which he last served.

100 Tuesday. These temperatures are expected to be boosted today. All-time record for July 15 was set in 1887 when mercury soared to 96. The all-July mark is 106. Although storm clouds gathered late Tuesday the only measurable rain reported was at South Bend with .74 of an inch. Ft. Wayne and Royal Center reported traces. Indianapolis took to the highways, swimming pools and open air sleeping places Tuesday afternoon and night in attempts to gain relief from the new wave. Officials of the Indianapolis Water Company today reiterated assurance of plenty of water for Indianapolis despite drought conditions. Farmers, still hopeful of rain and heat relief, took another from tfieir calendars on the seven-day leeway they tove the high temperatures before Mlions of dollars’ worth of crops either are impaired or destroyed.

Mostly fair tonight and Thursday; continued warm.

INDIANAPOLIS, WEDNESDAY, JULY 15, 1931

GERMANY PUTS DEBT HOLIDAY INTOJFFECT Confuses World Bank by Refusing to Pay Any ** Reparations. BEGIN ‘SELF-HELP' PLAN Stringent Measures Will Limit Withdrawal of Currency. By United Press German government officials said today that Germany regards the Hoover holiday as in force, and will make no payments to the World bank at Basle due today, not even the 51,000,000 marks of unconditional reparations. Some confusion existed at Basle, where it had been expected a payment would be made, even if the money were re-loaned immediately to Germany. Germany embarked on a policy of “self-help,” apparently uncertain of obtaining a large foreign loan. Stringent measures were planned to limit banking transactions and restrict the withdrawal of currency from the country. The stock market and banks remained closed, although the latter will reopen Thursday for limited operations, including payment of salaries. Fear Grips Berlin BY FREDERICK KUH United Press Staff Correspondent BERLIN, July 15.—Government officials said today that Germany regards the Hoover plan In force and is abstaining from all reparations payments. Germany, an official said, will not make one month’s unconditional payment of 51,000,000 marks “normally” due today. Meanwhile, from government officials to shop clerks, not to mention the army of unemployed men wancharged with fear, population of the German capital suffered from Individual and mass nervousness. The atmosphere, despite the apparent tranquillity—or rather absence of violence—was surcharged with fear. One incident alone, witnessed by a United Press correspondent, is sufficient to emphasize the “jumpiness” of the people. It occurred on the Bendler bridge, in the center of the residential district. A great crowd of people suddenly ran to the middle of the bridge, where muffled cries gave evidence of a struggle. "What Is it—a revolution?" some asked. The incident, it was discovered, after the correspondent had fought his way through the excited mob, was caused by a heatmaddened cat which had bitten a traffic policeman. But at the slightest disturbance, there are those who are ready to cry "revolution.” Crowds remain in front of the savings and commercial banks, discussing their affairs with some bitterness. The uncertain temper of the people is such that the authorities are inclined to fear the effect of the reopening of the banks Thursday It may, they feel, lead to anew panic and the precipitation of runs on many institutions, possibly leading to extreme violence. For members of the cabinet, sitting -almost without Interruption for (Turn to Page 9) JURORS SWORN IN Baker Orders Quick Action on Jail Inmates. . Swearing in the new Marion county grand jury today, Judge Frank P. Baker instructed its members that their prime duty during the summer will be to act on urgent cases of persons being held in jail. Speedy action on such cases, the judge said, is necessary to allow' such prisoners to make bail so they will not be forced to remain in jail throughout the hot season. Robert W. Challis, florist, of R. R. 6, Box 347 C, w r as chosen as a juror to take the place of one excused Tuesday. Judge Baker advised the new jurors that due to the absence of important witnesses, it probably will be impossible to make much headway in the probe of House bill 6 immediately. The mixup over the will of Bartholomew D. Brooks also will be studied by the jury.

MRS. LESLIE CARTER, BELASCO’S GREATEST, ‘YOUNGER THAN EVER’

BY WALTER D. HICKMAN “'T'HE death of David Belasco is something that one can not talk about.” That was one of the first statements of Mrs. Leslie Carter, the greatest of all the Belasco stars, on her arrival in Indianapolis. If Belasco had lived Mrs. Carter would have been in New York today to confer with the producer regarding a nw play which was to star Mrs. Carter on Broadway this fall. For years Mrs. Carter was the leading star for Belasco and then as suddenly as their friendship started they parted, and did not speak for years. The cause of toeir difference never has been explained. Mrs. Carter new proudly possesses,

Cars Snuff Out Lives

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DETR..T POOR FRAUDJHARGEB Luxuries Bought for Jobless, Report Indicates. By United Press DETROIT, July 15.—Arrest of public welfare department employes and merchants loomed today after an auditor’s report revealing Jiow the city of Detroit bought cosmetics, silks stockings and other luxuries for its unemployed families while the city was near bankruptcy. The report charged that City Controller G. Hall Roosevelt had neglected his duties, and that "gross incompetency” prevailed in the public welfare department W'hich has spent $18,000,000 for unemployment relief.

JUDGE THREATENS IMMEDIATE BAN ON TOWING-IN OF CARS

Tow-in of automobiles under the new traffic law was halted this afternoon by the safety board, James E. Deery, city attorney, said he was told. Board members continued to deny the blanket order had been issued, contributing to bickerings that flared at the city hall this afternoon. Enforcement of the traffic tow-in law hung by a thread this afternoon as Superior Judge Joseph R. Williams threatened to block impounding of cars, and city officials were at loggerheads on future action. Williams, warning the city to halt tow-in of improperly parked cars, especially during the morning 7 to 9:15 parking ban, was preparing to issue an injunction against the city. He requested enforcement be haltSEN. STREY STRAYS Upstate Legislator Missed at State Hearing. Senator Charles L. Strey (Rep., Kosciusko and Wabash), was with a delegation when they came to the highway commission this morning, but had strayed away before the hearing on his hills and lakes highway was held. It was explained by the spokeman for the delegation that Strey had to leave on business. Question as to his whereabouts was injected by the commissioners themselves. Both Director John J. Brown and the commissioners were targets of attack by Strey at the last legislative session. Their defenders asserted that Strey was inspired because of the commission’s failure to give him the attention demanded for the route under consideration today Those in the delegation said they just wanted to let the commission know they still are seeking a state paved road between Wabash and Benton. ACTRESS IS MOTHER Shirley Mason Gives Birth to Six and Half Pound Girt. By United Press HOLLYWOOD, July 15.—Shirley Mason, motion picture actress and wife of Sidney Landfield, director, gave birth to a girl here Tuesday. The child weighed 6 pounds 8% ounces. Miss Mason, a sister of Viola Dana, married Landfield five years ago.

a letter written by Belasco to her shortly before he died and that letter smoothed away all trouble. 000 “ r T'HE years we did not see each other,” she said with a movement of her expressive hands, “seems like only yesterday. “And there really is no yesterday —today and then tomorrow. When we pass on it is not a matter of years, just space. Then tomorrow.” The great woman recalled today an occasion when I helped her into a taxi at Decatur, 111., tb catch a train to go to the bedside of a relative. I told her that I was one of the young newspaper men who aided her to make the train. That was

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Two children, whose lives were snuffed out by automobiles in city streets Tuesday, are pictured here. Seven-year-old Danny Hatfield ran across the street to greet his father, but dashed into the path of a car. Five-year-old Joan Shake darted into a busy thoroughfare to play with a little chum, and she, too, ran in front of an auto.

ed until the city filed briefs In the business men’s, case in his court, but this was unheeded by safety board and police. Request for complete abandonment of the car impounding also was relayed to the safety board by James E. Deery, city attorney. Deery said he was under the impression that it was to be stopped. Doesn’t Commit Self Asked about the action, Charles Myers, president of the safety board, announced he will not order halt of enforcement. He did commit himself to the extent that police will be directed to use "discretion” in hauling in cars that are halted only long enough for loading and unloading. And Walter Lewis, board secretary, announced that the "law will be observed and what the legal department says doesn’t matter.” Police Chief Mike Morrissey, who had no orders to the contrary, said enforcement will be continued. Williams announced his intention of issuing the injunction writ when William A. Boyce, attorney for Frank S. Fishback, plaintiff against the city, offered the verbal complaint of Alfred A. Selvig, manager of the Capitol Furnace and Stove Repair Company, 229 South Meridian street, before Williams today. Selvig said a man with a stove section halted seven minutes in front of the company office and his car w T as impounded. Hardship Is Charged Williams indicated his belief of the “unreasonableness" of the towin law Saturday during a hearing on the suit when business men told that the ordinance is working handicaps on downtown business houses with the 7 to 9:15 parking ban. This afternoon, the mayor and other city officials were to confer on court action in the injunction case. While the altercations w’ere raging, police impounded ten autos and state police launched an investigation of low-priced dealer’s license plates on tow-in trucks. CHILD’S HAND MANGLED Viola Day, 7, Recovers From Clothes Wringer Injuries. Viola Day, 7-year-old daughter cf Mrs. Gertrude Day, 2219 Haines avenue, is recovering today from injuries received late Tuesday when her hand was caught in a clothes wringer. She was treated at city hospital.

when she was touring in “Vasta Herne.” “Don’t ask me the date,” she said with a smile and a toss of her red hair. “Dates mean nothing. It was only yesterday when you were so kind to me.” in reference to her work on the stage. in reference to work on the stage. She smiled and said, “Never say have. I hope you love me now.” And that means Mrs. Carter is j just as anxious to please her public as she was in 1909, when touring in j “Vasta Herne.” 000 I DESPISE dates,” she said. “I: am still ycfcng inside, and that; is what counts?” . i All the time we " lag to,

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TRAFFIC DEATHS IN COUNTY STAND AT STUNNING TOTAL; 57 KILLED IN CITY ALONE

Public Effort to Stave Off Mounting Fatal Accidents Are to Slight Avail; Many Drunks Are Blamed. One by one. automobiles have taken the lives of men, women and children in Marion county since Jan. 1 until today—six and onehalf months later—ninety-one have been killed. If this terrific death toll continues for the remainder of 1931, lives of more than 180 persons will be snuffed out in the county in traffic mishaps. At this time, the death toll has reached unheard of proportions despite efforts of the authorities, residents and civic organizations to stave off mounting fatal accidents. Many Drunks to Blame Majority of the persons, it is shown, have died in automobile crashes in which they were the .victims of speeding or drunken drivers while others were victims of accidents which “just happened.” Many of these ninety-one have been the drivers who failed to heed the laws. Others w r ere their passengers or pedestrians or passengers In other cars which they struck. In addition to those dead, scores have been taken to hospitals in the city and county to recover from injuries ranging from slight to critical. According to the accident prevention department’s figures the death of a boy and a girl Tuesday afternoon brought the city automobile fatality figure to fifty-seven. County accident prevention records show that until July 1, twenty-four persons were killed outside the city limits. 99 in City in ’3O The other ten persons have been killed outright or died from injuries received since the figures have been compiled. Each day for months, since the death toll began mounting to proportions that caused apprehension as to the year’s total fatalities, The Times has printed as a warning in automobile accident stories an inserted blackface box with the death figure. In 1929 and 1930 ninety-nine persons died by automobiles in the city limits, according to police records. The present figure of fiftyseven is far above the haif-w'ay mark to the 1929 and 1930 totals. The county does not have auto dea ti figures for 1930, but the 1929 records show fifty-eight persons were killed outside the city limits that year, making the county total 157. In the last year, police, city and county enforcement agencies have increased their vigilance. They have made concerted efforts to bring to justice vampire drivers who flee in their speeding cars to let their victims suffer or die in the streets. Warning that 38 per cent of fatal automobile accidents occur between 4 and 9 p. m., Todd Stoops, secre-tary-manager of the Hoosier Motor Club today advised against improper driving during these hours. Failure to display lights and lack of watchfulness after a day’s work were given by Stoops as the outstanding reasons for the accidents. DAVIS GOMES HOME Charlie Sees New Daughter for First Time. Charlie Davis, former master of ceremonies at the Indiana theater, returned to Indianapolis Tuesday from Brooklyn, to meet his 3-weeks-old daughter, Charlene, for the first time. Davis and his orchestra of sixteen musicians, are under contract with the Brooklyn-Paramount theater which continues for twenty-six weeks more. Mrs. Davis and Charlene will visit him in three or four weeks. The orchestra was organized at Indianapolis and played here for several years. They recently made a movie “short” for Paramount entitled “The Jazz Reporters,” which will be released Aug. 11. judglTbaker speaker Scheduled for Address Tonight to Y. M. C. A. Club. Criminal Judge Frank P. Baker will speak on “The Present Crime Wave” at the meeting of the Y. M. C. A. Bible Investigation Club tonight. John J. Haramy, attorney and club president, invites all young men In the city to the fellowship supper at 6:20 o’clock.

Arthur Casey’s office at English’s, Mrs. Carter was standing. She always was talking with her hands and nodding her head. “Oh,” this heat,” she said. “I certainly am dressed for it.” We both laughed when I saw that her coat was trimmed with heavy fur. “I needed it in California because the nights are cool,” she said. “It looks funny to wear fur in such hot weather.” Then I noticed that her gown was a Chinese affair. Madame Goddam, the chief character in “The Shanghai Gesture,” which she will play at English’s next week, is Oriental. | She seems to follow the policy of

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Two Children, Motorist Lose Lives and County Toll Reaches Perilous Mark of 91. Marion county’s 1931 traffic toll spurted upward today with deaths of two children and an adult motorist here within the past twentyfour hours. Ninety-one have died from traffic mishaps since Jan 1. Earl Kuntz, Southport, died early today in city hospital from injuries suffered when his auto was demolished by an interurban Saturday VJ I night. J. Joan Martha Shake, 5, of 5122 Schofield avenue, died late Tuesday a few minutes after an automobile struck here as she darted into the street In front of her home. Danny C. Hatfield, 7, was struck by a car and injured fatally at Eleventh street and Brookside avenue Tuesday afternoon. For a long time Danny awaited the passing of his father’s pop truck and when it parked across the street from where he sat, he dashed toward it. He ran behind a city garbage truck into the path of the car driven by Charles Jones, 1109 Fowler avenue, who was passing the truck and was on the wrong side of the street. Body Hurled Thirty Feet The body was hurled thirty feet. The boy died an hour later in city hospital. Jones was charged with reckless driving and then reslated on a manslaughter charge. I always thought I’d tear a man to pieces if he hit one of my children, but now I feel sorry for Jones,” the boy’s father said. “I’ll do anything I can to help him.” His parents and a sister, Betty Jean, 9. survive the lad. The little girl-was struck by an auto driven by R. C. Donawitz, 20. of 4228 Baltimore avenue, while she* was running across the street to join a little companion in play. Witnesses said Donawitz was blameless for the tragedy. Neighoors carried the body into the yard, but Jean died before an ambulance arrived. The parents and a brother, Barton, 2, survive her. Mr. Kuntz was riding with Miss Beulah Potter, 28. of 3532 North Capitol avenue, at Keystone avenue and Thirty-eighth street, when an interurban struck their car on the crossing there. He died early toda’*. Miss Potter is recovering from her injuries. C ondition Not Serious Condition of Mrs. Mary McGinnis, 80, of 1636 College avenue, who walked into the side of an auto at Meridian and Washington streets Tuesday, was reported as not serious today by city hospital physicians. Mrs. Mary Percifield, 34, of 915 East Eleventh street, suffered head injuries in a collision Tuesday at Thii teenth street and Park avenue. Picked up unconscious after its parents’ auto overturned after a collision at Arbor avenue and Henry street Tuesday night, 7-months-old Verna McAdams, daughter of Mr. and Mrs. Bert McAdams, 619 Arbor avenue, regained consciousness a few minutes later in a physician’s office and greeted her frantic parents with a chuckle. She was un Injured. Mary Everroad, 7, daughter of Mrs. Katherine Everroad of Chattanooga, Tenn., on a visit here, was injured when struck by an auto in the 1700 block North Alabama street Tuesday night. Her injuries arc not serious.

OPEN RATES REARING Railroads Tell Story of Depleted Earnings. | By United Press WASHINGTON, July 15.—Th nation’s railroads, opening their fight for increased freight rates, brought to the interstate commerce commission today a story of depleted earnings and of financial distrust which they said had lessened their ability adequately to serve the public. The commission’s hearings on the railroads petition for a 15 per cent general Increase in freight rates and charges began with the main hearing room, on the eleventh floor of the commission’s building, crowded with auditors. Observe Past Presidents’ Day Past presidents’ day will be observed Thursday noon at the meeting of the Advertising Club at th* Columbia Club

always keeping in character, biil always the great Leslie Carter. 000 I THINK that she is younger to spirit than she was when she was here in “TJie Circle,” with the late John Drew. I believe her words, “I am young inside,’’ because she has always been looking for tomorrow. This morning bright and early, Mrs. Carter started rehearsals at English’s for “The Shanghai Gesture.” I may confess, incidentally, that it was Mrs. Carter who was my inspiration that started me writing about the theater and her spirit today keeps me looking forward Itor a brighter and a more lntelllj&nt > tomorrow to the American theater