Indianapolis Times, Volume 43, Number 85, Indianapolis, Marion County, 18 August 1931 — Page 1

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GAS PETITION DISMISSED BY COMMISSION Lack of Jurisdiction Given as Refusal to Act on Association Plea. FIRM CALLED PUPPET City Counsel Declares No Public Benefit Would Result From Move. Public service commissioners voted unanimously to dismiss the petition of the Manufacturers’ Natural Gas Assocation, Inc., because of lack of jurisdiction. The company, formed here by twenty-six manufacturers who had contracted for gas from the Kentucky Natural Gas Company, had sought to be declared a public utility and sell gas to industrial users in Indianapolis and Marion county. Commissioner Harry K. Cuthbertson, who wrote the dismissal order, raised the jurisdiction point at the opening of hearings over which he presided. The question of jurisdiction was nrgued before all members of the commission, except Chairman John W. McCardle, who is ill, on Monday. McCardle Joins Parley Conference on the dismissal order was held this morning, McCardle joining with the others in the conclusion reached. During the argument Monday afternoon, attorneys for the city and Citizens Gas Company, opposing the petition, cited the same cases to show the commission’s lack of jurisdiction, which were cited at the morning session by Samuel Miller, petitioner's attorney, to support jurisdiction of the commission. Cases cited involved entrance of one utility into the field of another and limitation of service within a given territory. But each case developed the point that service must be extended to all within the territory on like terms. Miller contended that this paved the way for class service such as proposed by the petitioners. The Manufacturers company would offer service to industrial users only. Hits Class Distinction Cuthbertson contended at the outset that to be declared a public utility, and thus be given the right of eminent domain, a corporation must hold out service to all comers in the territory served, without class distinction. To permit a company to enter and take only the large industrial consumers and not offer any service for ordinary commercial and industrial use, would be grossly unfair, attorneys opposing the petition pointed out. Henry H. Hornbrook, attorney for the Citizens company, declared that ii the Manufacturers’ theory were accepted, as many as six companies might enter the Indianapolis field with various classes of gas service. Calls Petitioners Puppets E. H. Knight, Indianapolis corporation counsel, termed the Manufacturers company a “mere puppet” of the Kentucky Natural Gas Company, which, he said, is trying to use the local organization to capture the Indianapolis field. No public benefit, but merely reduced production costs for a few manufacturers, would be the result, he declared. William Bosson appeared for the petitioners as chairman of the natural gas committee of the Indianapolis Federation of Community Civic Clubs. GRAF ZEP FIGHTINGSTORMS ON VOYAGE Dirigible I .eaves Home Tort for Trip to Great Britain. By United Prefix FRIEDRICHSHAFEN, Germany, Aug. 18.—The dirigible Graf Zeppelin departed for a cruise to England today. The airship, carrying twenty-two passengers, left at 7:05 a. m. Princess Ileana of Rumania and her husband, the Archduke Anton of Hapsburg, canceled their passage at the last minute. They had planned th e air trip as part of their honeymoon. The Graf Zeppelin recently returned from a trip into the Arctic. The giant ship passed over Gray, a town in Haute-Saone, northeastern France, at 11:17 a. m. Gray is about thirty miles northeast of Dijon. The Zeppelin was fighting bad weather, necessitating a change in Its course. BOMB TEX’ NIGHT CLUB But Miss Guinan and Her Little Girls Were Safely Home in Bed. Bu United Press NEW YORK, Aug. 18.—Woodmasten inn, a Bronx night club where Texas Guinan and her little girls have been greeting that part of the public that still has money, was bombed today. Miss Guinan and her troupe had left the club an hour and a half before the explosion, which did little damage beyond shattering the glass of lour or five windows. Michael Poulous was the only person on the premises when the blast came. He escaped without injury.

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VOLUME 43—NUMBER 85

Estelle Sues *• ——-—— —h StDrrapsry’s *torjr LOS ANGEEstelle Jack Dempsey in the opening of her battle to have their matrimonial troubles fought out in Los Angeles courts instead of in Reno. The motion picture actress accused the former heavyweight champion of “extreme cruelty,” a retort almost in kind to her husband’s suit, filed at Reno Monday, which accused her of “mental cruelty.”

CITY LIKELY TO GET MORE RAIN Fall During Night Totals .3 of an Inch. * Indianapolis and Indiana today looked upward to overcast skies and, although the temperatures were not high, an uncomfortable condition resulted from the humidity. Rain fell about 3 this morning, totaling .2 inch before dawn. After reaching 93.4 at 2:30 p. m. Monday, the mercury dropped slowly to reach 72 at 6 today. Although heavy rains were not reported west of Indianapolis, cool breezes started during the early evening Monday and continued until after the early morning rainfall. Rain is not definitely predicted by the bureau, but “mostly unsettled” weather is on the weather program. HURT IN RESCUE TRY Art Director Falls 80 Feet at English’s. Falling eighty feet to the stage of the English theater as he attempted to save a workman, Milo Denny, 44, of the Ambassador hotel, art director, was injured critically this morning. Working high above the stage, George Powell, 2225 East Tenth street, and Denny were walking on a platform. Powell stepped on a loose board and Denny grabbed him. Denny lost his balance and fell to the stage. He sustained a broken left leg, left hip fracture, skull fracture and internal injuries. Powell grabbed a cross beam and saved himself, sustaining only left arm cuts. Denny was taken to the Methodist hospital. SHOOTINGSCANDAL TO STIR POLITICAL BATTLE N. J. Democrats Already Demanding Sweeping Legislative Quiz. By United Press NEW YORK, Aug. 18.—The political aspects of the shooting of Republican State Senator Roy T. Yates of New Jersey in the apartment of blond Ruth Jayne Cranmer, his social secretary, were defined more clearly today by Democratic leaders. They seized on the incident as a campaign wedge with which to demand an investigation of state commissions. Revelations that in addition to an apparently gratuitious position with the pension survey commission, of which Yates is chairman, Miss Cranmer held a railroad pass as a “senate committee clerk,” added to the bitter attack on the Republican administration by A. Harry Moore, Democratic candidate for Governor. The condition of Yates, shot after an extended drinking bout with Miss Cranmer, was reported as unchanged. FINANCE PLAN DRAFTED British Cabinet to Be Presented With Economy Flatform. B>/ United Press LONDON, Aug. 18.—Conclusions of the cabinet's economy committee. embodying possible solution of the empire’s financial crisis, will be presented to the complete cabinet Wednesday morning. This was announced when the committe adjourned this afternoon after an all-day session devoted to shaping up the “equal sacrifices for all program” designed to balance the budget.

POLICE ARE ORDERED TO RETURN BASEBALL POOL TICKETS SEIZED IN RAID

Indianapolis police, including Chief Mike Morrissey, were enraged this afternoon after Municipal Judge William H. Scheaffer directed return of baseball pool and lottery tickets involved in the case against John Krause, to the Moeller Printing Company, 107 South Capitol avenue. The order was received by Morrissey after his return from the safety board meeting at the city hall this morning. He expressed his indignation at the order, but admitted: “There is nothing we can do but follow the court’s order.”

“QUILTY LIPS,” A THRILLING SERIAL STORY OF LOVE, INTRIGUE AND MYSTERY STARTS WEDNESDAY IN THE TIMES. DON’T MISS IT.

SHAKEUP HITS POLICE FORCE; 23 JJEMOTED Safety Board Approves Recommendations of Chief Morrissey. TOR GOOD OF SERVICE’ Too Many Reports ‘Alibis,’ Is Explanation; Advance ■ Men From Ranks. Rumble of a shakeup in the police department, heard since Michael Morrissey became police chief, materialized in an earthquake today as the safety board approved Morrissey’s recommendations for one of I the biggest reorganizations the force ever saw. Two lieutenants, twelve uniformed and eight detective sergeants, and one first grade patrolman were reduced, and men from the ranks were named to succeed them. The charge, Morrissey said, was “for the good of the service.” Hits “Daily Alibis” ‘‘lf I must elaborate on that,” he said, “I might ask examination of the daily reports of some of these men that were demoted. Those reports were nothing more than daily alibis.” “At the same time there were men in the ranks who deserved a chance,” the chief said. “I understand that three of the men demoted are planning to campaign for public offices. They can’t do that and do police work.” The lieutenants reduced to patrolmen were Marion Van Sickle and Leonard Forsythe. Sergeant Ralph Dean and patrolman Edward Schubert will replace them. Two Were Indicted Two of the sergeants reduced, James O’Brien and John Volderauer, were among eleven policemen indicted by the government last fall on charges of conspiracy to violate national prohibition laws. They were freed in federal court here last December and reinstated to the force. Other uniformed sergeants reduced were: William Albers, William O. Fields, William Nayrocker, to patrolmen, first grade, and Orel Chitwood, Walter Coleman, Eugene Eldridge, Harley Jones, Harry Smith and Michael Yates, patrolmen, second grade. Succeeding them are: George Baker, Martin Fahey, John Haney, Orville Hudson, Noel Jones, Claude Kinder, Harry Megeleisen, Maurice R. Wilkerson and Kent Yoh, formerly second grade patrolmen, and Barrett W. Ball, Thomas Renforth, Harry Schley and Charles Weddle, formerly first grade patrolmen. Others Back to Ranks Detective sergeants who will go back to the ranks as second grade patrolmen are: Edgar Deeter, Preston Heater, Claude F. Johnson, a former police chief here; Henry Long, Albert Magenheimer, Edward F. Moore, Edward Samuels and John L. Stump. Promoted to succeed them are: Benjamin Lansing, Roy Pope, Floyd Reidenbach, Donald Bushong, Frank Giblin and Earl Higgs, formerly second grade patrolmen, and Roy Kennedy and Lawrence McCarty, first grade patrolmen. Thomas Bledsoe, humane sergeant, was replaced by William Dever, and George Anderson, first grade patrolman, was reduced to second grade. Frank Fagin, Ferdinand D. Holt and Herschel Musgrove second patrolmen, were promoted one degree. PAPAL WAR’S END SEEN Early Settlement of Vatican-Italy Dispute Is Anticipated. By United Press ROME, Aug. 18. —Early settlement of the Vatican-Italy dispute was anticipated today as the way was cleared for renewal of negotiations. Cardinal Basparri, former papal secretary of state, has been active in smoothing the path of accord, and his conversations with Premier Mussolini were expected to prove of great value in achieving conclusion of the dispute. Hourly Temperatures 6a. m 72 10 a. m 75 7a. m 73 11 a. m 77 Ba. m 74 12 (noon).. 78 9 a. m 74 1 p. m 78

The tickets were confiscated in a raid and on July 29 Krause was fined a total of $l,OlO and given ten days in jail by Sheaffer on gaming charge conviction. The case was appealed. Pleading possession of baseball pool tickets is not a law violation, Art Deer, operator of a pool room at 152 West Washinton street, was given his freedom today by Sheaffer. He was arrested Monday afternoon for the second time in two weeks. Police, who carried a search warrant, said they found thirtytwo books of tickets.

Mostly unsettled tonight and Wednesday; not much change in temperature.

INDIANAPOLIS, TUESDAY, AUGUST 18,1931

Motion Picture Actress to Be Whitemans Bride

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Paul Whiteman

POLICEMEN WHO SLUGGED AUTOIST ARE CONVICTED, SUSPENDED FROM FORCE

Two Officers Found Guilty of Beating Youths for Minor Offense. Motor Patrolmen James. Graham and Otto Burk today were suspended from the police force after the

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Graham

offered last week before the board, Ralph Surber, 21, of 725 Livingston avenue, charged Graham with hitting him with his fist and a blackjack several times. Surber had been halted by the officers for failure to have one of the front lights of his car burning. The assault occurred in the 2500 block West Washington street Aug. 2. The police car, on an emergency run, had cut in front of Surber and later halted him. Surber and other witnesses said Graham hit the motorist as he walked to the front of his car to examine %he faulty light. Some charged Graham used a blackjack. Surber told The Times his story after the attack. His left eye was swolien shut and blackened and his face bore marks of a beating. The board, during the hearing of the case, scored the officers for failure to carry out their emergency run orders to “halt a motorist for a minor violation of the traffic law.” Graham said he struck the youth three tidies, asserting he did so in self-defense because he believed Surber had drawn back his hand to strike him. Burk said Graham only hit Surber once and that a “back-hand blow.” He was unable to explain the reason for serious injuries that were inflicted by this type of blow.

Margaret Livingston

Jazz King and Margaret Livingston Will Marry Today in Denver.. By United Press DENVER, Aug. 18.—Paul Whiteman, the famous orchestra leader who once said marriage was for the middle class,” came home today o embark upon his fourth matrionial adventure. The man who made jazz music popular planned to exchange vows late today with Margaret Livingston, red-haired motion picture actress. Whiteman was divorced last April from Wanda Hoff, a stage dancer, his third wife. Miss Livingston’s name was mentioned then m connection with his, but Whiteman declared he was through with marriage. The artistic temperament, he averred, was unequal to the strain of married life. It was then he made his pronouncement that marriage was for the middle classes. The pair came to Denver from Chicago, where Whiteman’s orchestra is playing a long engagement.

Scooter King By United Press CHICAGO, Aug. 18.—Nine-year-old Nicholas Ispas of Indiana Harbor was recognized today by police as a world’s champion, although he hadn’t even tried to be one. “Hey, Bud, where ya’ goin’?” police sergeant Michael J. Sheahan shouted when he noticed “Nick” wearily pushing his way along the outer drive on a scooter. ‘‘l guess I’m goin’ home, but I ain’t very sure,” said Nicholas. When he told where “home” was Sheahan took him to the station and all the police acclaimed him “scooter champion of the world” for having spent ten hours traveling twenty miles in the wrong direction. The boy’s mother’ sent him on an <rrand Monday morning. Returning, Nicholas turned the wrong corner and spent all day scooting through heavy traffic looking for home.

safety board convicted them of beating a young motorist for a slight infraction of the law.* Graham was suspended for sixty days without pay and Burk for ten days without wages. The decision was announced by the board following a conference with Mayor Reginald H. Sullivan. In tes t i mony

CIVIC CLUB SEEKING LOWER UTILITY RATES Committee Named to Study Reduction Possibility. First step in the battle of south side residents to seek reduction of domestic utility rates was taken today with the appointment of a committee by J. Ed Burk, head of the central committee of the South Side Civic Clubs. Members of the group that will investigate the matter: Walter C. Rothermel, Garfield Park Post 88, American Legion; John F. White, Southeastern Civic Improvement Club; Joseph P. McNamara, South Meridian Street Civic League; D. V. Griffith, McClainsville Civic League, and Dr. Walter E. Hemphill, president of the Enterprise Civic League. Burk said the committee probably will hold its first conference in the next few days. The group first will gather information and later a decision on action will be made.

PRISON HEARS WHISPERS OF SCANDAL IN PAROLE GIVEN KILLER BY LESLIE

Lindy Ready to Hop Off for Japan By United Press SAN FRANCISCO, Aug. 18.—Re ports received by the navy radio station here from the St. Paul (Alaska) station indicated that Coi. and Mrs. Charles A. Lindbergh were preparing to fly today from Petropavalovsk, Siberia, to Japan. The St. Paul station intercepted a message from the Japanese station JOC, saying the fliers were expected to take off shortly. Between them and Tokio, 1,500 miles away, were miles of fogshrouded seas, lashed by sudden winds, and volcanic islands that would offer poor refuge in case of mishap. Residents of Nemuro went ahead, however, with plans to welcome the couple within a day or two. A spectacle of the welcome will be 5,000 home-made American flags waved as many school children, who will rush to the waterfront when word is received that the fliers are about to arrive.

REVOLT FLARES WITH_NEW FURY Uprising Gains Strength in Cuban Provinces. BY K. D. GILMORE United Press Staff Correspondent HAVANA, Aug. 18.—Unconfirmed reports today said federal troops at Holguin had gone over to the rebels seeking to overthrow the government of President Gerardo Machado. .Great excitement spread through the capital during the night. The reports could not be confirmed, communications to the provinces being under a strict military censorship. Holguin is a city in eastern Cuba, about sixty-five miles northwest of Santiago de Cuba, on the extreme eastern tip of the island. Further excitement was caused by reports that two schooners, one flying the Norwegian and the other the German flag, had arrived at Girara, in Oriente province, port of Holguin, bringing ammunition and recruits for the rebels. The ships were said to have brought 500 men, mostly Negroes, and a number of machine guns, in addition to ammunition badly needed by the rebels. BANK RUN STEMMED BY FEDERAL RESERVE Toledo Depositors Reassured by $11,000,000 From Cleveland. By United Press TOLEDO, 0., Aug. 18.—Arrival of $11,000,000 from the Cleveland Federal Reserve bank was credited today with restoring confidence in the stability of Toledo’s four remaining banks which were threatened with heavy runs Monday by the closing of four brother institutions. Officials of the four solvent banks advised depositors they were in a secure position to meet any demands and that every depositor who wanted his money could come and get it. The statement resulted in the return of many withdrawal accounts. Horton Rorick, president of the 'Spitzer Rorick Trust and Savings bank, reported receipt of many new accounts with withdrawals exceeding deposts by only a slight margin. Junk Yard Building Ransacked Louis Sagalowsky, proprietor of a junk yard at 627 West Washington street, told police today that burglars entered his building by climbing over a roof and breaking a third-floor window. They took army clothes and shoes valued at S2OO, he said.

POOLHALL GAMING BILL IS KILLED BY COUNCIL; HELD ‘FAR TOO DRASTIC’

Tagged “too drastic,” an ordinance aimed at ending all gambling in poolrooms except pool and billiards stood “killed” today on action of the city council. The ordinance, it was made known, was opposed by Police Chief Michael Morrissey because, as councilmen stated, "it took in too much territory.” Chief Morrissey, councilmen said, believed the law should apply “only to domirfoes.” The proposed law was stricken from the record by unanimous vote. In caucus during the session Monday night, councilmen discussed briefly effects of the proposed law, and were told by one member that Chief Morrissey “urged the council not to take such a drastic step.” Chief Morriiisey was slated to come before the council to make his

Entered ns Second-Class Matter at Postoffiee. Indianapolis. Ind.

Nick Sudovich, Lake County Public Enemy, Freed for 30 Days to Join in Capone’s Farewell Orgies, ‘Pen’ Reports Say. ALLOWED 15 DAYS; OUT FOR MONTH ‘Big Shot’ Boasted, on Return, of Parties With Fallen Gang Czar, Runs the Word Among His Fellow Convicts. By Times Special MICHIGAN CITY, Ind., Aug. 18. —Nick Sudovich, killer, booze runner, undesirable citizen, and public enemy, is back in his cell at the staU. penitentiary here after thirty days of liberty. Official records state that Governor Harry G. Leslie, on recommendation of Warden Walter F. Daly, gave Sudovich his liberty to transact “important private business.” But through a channel of furtive signals, discreet taps, and almost soundless whispers, the thousands behind the cold gray walls of the state prison have told one another that Sudovich was released to consort with A1 Capone, said to be his chief, while that arch public enemy was the honor guest at farewell parties in Michigan hotels.

And that Sudovich also was a courtier at the “farewell” levees held by Capone when .he was preparing to go to prison. Other prisoners in the penitentiary marvel at the manner in which Sudovich, said to have much wealth and a strong place in the Capone affections, obtained his temporary release from a sentence for manslaughter, and just why the temporary parole coincided with the period of Capone farewells. “Big Shot” in Booze Circles Before Sudovich was a murderer, he was a dealer in booze in Lake county. He was the “big shot.” Twice he ran up against law and spent a few weeks on the state farm. But he was powerful at election times, for he was known as the local agent in Lake county for Capone. The Torris agent, according to reports there, was Uron Marovich. There was war between the gangs. A brother of Uron Marovich was Nick Marovich, and records of the federal prohibition department reveal that he furnished federal agents, including George Winkler, then deputy administrator, with much valuable information about Lake county dives. He also talked about politics in that county and especially about the 1926 campaign, which later was she subject of investigation by the government. Sent to Leavenworth Nick Marovich was sent to the federal penitentiary at Leavenworth on a white slave charge. Uron, howlever, was marked for the spot and It was Sudovich who was indicted for first degree murder in connection with the former’s slaying. Change of venue was taken to Porter county and Sudovich was found guilty of manslaughter on Nov. 2, 1929, and given the “comparatively easy rap” of two to twenty-one years’ imprisonment. When the federal government decided to investigate Lake county bootleg and political conspiracies, Sudovich was indicted and brot ht to the federal court from the state prison. He was found guilty and instead of a penitentiary sentence he was ordered on Sept. 18, 1930, to be deported. Despite this record for murder, law violation, and complete contempt for all law, Sudovich was granted a temporary parole on July 6, 1931, for fifteen days, and the parole w r as extended for another fiften days on further recommendation by Warden Daly. Explanation Is Demanded This carried his liberty beyond the period when Capone called his liegemen and gunmen to Benton Harbor, Mich., on July 24, leased a great hotel and ordered his “gorrillas” to oust a working girls’ sorority from the hotel hall wanted by him for the farewell party. The labor department demanded a bond. Today assistant Secretary of

appeal against passage of the law, councilmen said, but did not appear until after the caucus had ended. The law was drafted by the city legal department on recommendation of the board of safety to Chief Morrissey. The council passed two ordinances, one ratifying a contract between the board of public words and the Mead Construction Company for erection of bleachers, installation of a concrete apron and other improvements at the mun'Hnai nrt totaling about SIO,OOO. The other ordinance was for the inter-transfer of SI,OOO in the municipal garage fund. Another ordinance was passed, ratifying a contract between the works board and the Transcontinental and Western Air, Inc., for use of the '''”Mcipal airoort

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Labor W. W. Husband requested an explanation from S. D. Smith, district director at Chicago, of the permission to give Sudovich a temporary release on a bond of SI,OOO. Records at Washington show that early in June, Smith asked the labor department offices there for authority to have Sudovich released for a period of not exceeding ten days, following representation by the prisoner’s attorney that his presence was required to salvage valuable real estate. That also is the reason given by Oscar Ahlgren, Whiting attorney and former state representative, who obtained the temporary parole. Tardy on Bond Just what Sudovich could do to sell his real estate that could not have been done by a lawyer and realty dealer is not explained. Files of the labor at Washington show that Sudovich was at liberty eleven days before even the small bond of $1 ""o required was approved by that department. Records also reveal ♦*; the apj plication to the secretary of labor | was for a temporary release of but ! ten days. Sudovich was out thirty days. Official prison records merely state: “Whereas, the warden of the Indiana state prison recommends that the said Nick Sudovich be granted a fifteen-day parole.” This was sent to Governor Leslie, who approved it. Attorney Ahlgren. somewhat hazy as to the exact nature of the private personal business which was to be transacted by Sudovich, offers the explanation that Sudovich owns a small hotel and that it was necessary for him to be at liberty to sign the necessary legal papers for its sale. Gets His Client Out He does not know whether it was sold or not. It evidently was his job to get Sudovich out and he did so. He visited Warden Daly and the Governor’s office. By the same underground channels has gone the whisper through the prison that Sudovich, upon his return to his cell, boasted to his fellow prisoners and related with great gusto the details of the Capone party at Benton Harbor. He may have lied. He may not have been there. But the prisoners in Indiana’s “big house” believe he was there, and they marvel and wonder what a man must do to gain mercy and attention. They know him as a model prisoner who never breaks a rule, but also as one of the big shots of the liquor and racketeering game in Lake county, when Capone extended his empire into Indiana and indulged in politics, gun play, killings and bribery to protect his new domain. They do know that Sudovich either has imagination or a memory as to the farewell party. The official records show that this man convicted, in many courts, was shown great consideration so he might transact “important private business.” . GIRL TO FACE COURT ON EMBEZZLING COUNT Pleads Need of Money in Alleged Thefts From Employer. A pretty 25-year-old girl this - afternoon will appear in municipal court to answer a charge of embezzling $125 from her employer, because she didn’t “make enough to support myself and brother.” She is Miss Mary Abel of $2lB Kenwood avenue, who was arreatol Monday afternoon oiy charge.' filed by the Bill Anderson Spring Serrlc'; Company, 333 East South street. Pending release on bond, Miss Abel said: - - “My brother Ted, 24, was out of work and I didn’t make enough to support both of us. When thev found out about the shortage Tr.. told them he would try to get a jo‘> and repay the money, if they wouldn’t do anything to me. But they arrested me, anyway.’

Outside Marlon County 3 Cent*