Indianapolis Times, Volume 43, Number 175, Indianapolis, Marion County, 1 December 1931 — Page 1

WALKER WILL PLEAD TODAY FORMOONEY Governor Rolph Will Hear Arguments of Mayor for Pardon. WALSH OPENS APPEAL V Famed Attorney Declares That Conviction Was Won by Perjury. BY GEORGE H. BEALE l nited Frees Staff Correspondent SAN FRANCISCO. Dec. I.—Led by Mayor J. Walker of New York City, attorneys for Thomas Mooney went before Governor Jam?s Rolph today and demanded a pardon lor the noted labo. agitator. As the hearing opened in the rooms of the state supreme court, a report was current that Charles Fickert, district attorney at the time Mooney was convicted as a Preparedness day bomber, had expressed an opinion that Mooney should be freed. Walker, early for once, arrived at the court building ten minutes before the hearing opened. He was dressed in a morning coat and striped trousers. Cheer for Walker Some five hundred people were in front of the building anxious to get a look at him. It was with difficulty that police forced a path for him through the crowd. Someone started a cheer for ‘‘Jimmy’’ and the crowd responded. The mayor, very seriously, in contrast to his usual smiling self, lifted his derby hat and bowed with dignity. Inside the courtroom the mayor paid his respects to Mrs. Mary Mooney, 84-year-old mother of the convicted man, and Mrs. Rena Mooney, his wife. Frank P. Walsh, noted labor attorney and chief counsel for Mooney, was the first to address the Governor. The keynote of his talk was that Mooney was convicted solely on perjured testimony. “Upon careful search and close analysis of the record in the Mooney case, we assert that without the testimony of Frank Oxman and John MacDonald there would not be a shred of evidence even to cast suspicion upon Thomas J. Mooney as one of the perpetrators of the crime,” he said. “And neither one of those witnesses testified truthfully.’’ Traces Pardon Effort Walsh opened his argument by tracing the history of efforts to win a pardon for Mooney in the fifteen years he has been in San Quentin. He told how Governor William Stephens refused to grant Mooney a hearing, how Governor Friend Richardson passed the matter on to Governor C. C. Young, and how Governor Young denied the application. Walsh attacked Governor Young’s* statement that the cases of Mooney and Warren K. Billings, convicted on the same charge as Mooney, were parallel and that both must be guilty or innocent. Governor Young denied Mooney’s pardon plea on this ground, after the state supreme court refused to recommend a pardon for Billings. “Neither the vital witnesses who testified in the two cases, nor the nature and character of the evidence were the same,” Walsh said. Walker Listens Closely As Walsh outlined the points of his argument, Mayor Walker listened gravely. Occasionally he leaned forward and made a note at his place at the counsel table. Rolph and his associates sat in the chairs ordinarily used by the justices of the supreme court. Members of the mayor’s party said he would demand an out and out pardon for Mooney, scorning, as Mooney has done, any suggestion of a parole. The mayor received a letter Monday night from Mooney in which the convict reiterated that “under no circumstances can I apply for or accept a parole.” An attempt by the Mooney Molders Defense committee to stop publication of this letter led to rumors that Mooney might have decided to ask for a parole. His attorneys quickly denied the rumor. Governor Rolph, who, as mayor of San Francisco, led the Preparedness parade, had several courses open to him. He might grant Mooney a pardon, comute the sentence to time served —a course Mooney and his counsel object to—or refuse to intervene.

r V Ud CHRISTMAS/''*/ - v | GReETINOS^J I i -•** m* * Shoppingdays IX till Christmas

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The Indianapolis Times Generally fair tonight and Wednesday; not much change in temperature, lowest tonight about 28.

VOLUME 43—NUMBER 175

HOSPITAL STAFF FACES GRAND JURY IN VEHLING PROBE

'.Robot Copper ’ Mechanical Device Takes Over Traffic Control at ‘Crossroads.’

WHEN safety board members gave the signal for pressing an electric button today the “Robot cop” at the Crossroads of America, Meridian and Washington streets, starting directing traffic. Traffic moved fast and smoothly at the intersection as the test of the automatic traffic signal began. Installation was completed this week. William B. Griffith, assistant superintendent of the Gamewell department, had tested it previously to make sure it was ready for use. It was first time in the city’s history that an automatic signal system directed traffic at this important corner. Members of the board, Charles R. Myers, Donald S. Myers and Walter O. Lewis, secretary, turned on the signal following their board meeting at the city hall. They were accompanied by Police Chief Mike Morrissey and Captain Lewis Johnson of the traffic department. The system operates by means of trips. Cars passing over the trips change the signal lights. The city is giving the system a ninety-day trial, after which it will be removed, if unsatisfactory. GETS MORROW SEAT High Tariff League Chief Is Named Senator. By United l’ress TRENTON, N. J., Dec. I.—W. Warren Barbour, Republican millionaire president of the Linen Thread Company and treasurer of the American Protective Tariff League, a high tariff organization, was named today by Governor Morgan F. Larson to fill the unexpired term of the late United States Senator Dwight W. Morrow. The appointment was not entirely a surprise, although Thomas N. McCarter, president of the Public Service Corporation of New Jersey, also had been mentioned prominently for the post. Barbour, however, had the background of greater political activity for his party. A former mayor of Rumson, a delegate to the national convention in 1928 and a contributor to state and national campaign funds, he served last year as treasurer of the state Republican committee. Barbour, in 1910, was amateur heavyweight boxing champion of the United states. PINCHOT TO AID NEEDY Governor Will Give Fourth of Income to Relief. By United Press HARRISBURG, Pa., Dec. I.—Governor Gifford Pinchot has announced he will give one-fourth of his “gross income” for 1931 to relief work. Pinchot said his announcement Monday closed his controversy with United States Senator James J. Davis (Rep., Pa.), over their respective relief donations. Davis had proposed that he and Pinchot and their wives give their entire incomes for the year to unemployment relief funds.

AUTO MAKERS LAUNCH CAMPAIGN FOR BUSINESS

By United Press DETROIT, Dec. I.—The first day of the last month of 1931 saw the automotive industry snap into its highly competitive new sales year, with introduction of anew car, to be shown first in New York. The “Rockne Six,” first new car adventured in two years, was announced by Studebaker. A private showing to dealers only was made of the spic and span 1932 Chevrolet. Other companies reported slow, but steady renewed activity. In line with expectations, most automobile companies here are rehiring men slowly. An example of the manufacturers’ optimism was shown in announcement of the Hudson Company that its 1932 newspaper advertising budget calls for $5,000,000, compared

‘HOLES AND PATCHES’ NEEDS WARM CLOTHING; YOU CAN BRING HIM CHRISTMAS JOY

HE was towing his father. Wind had scuffed his nose with chap. His pantaloons, sweater and cap carried the easily read brand of Holes & Patches”—poverty’s clothier. “Is this the place?” questioned a worn parent as he looked down at "Holes & Patches." ‘‘Uh huh. It’s here they said Santa would have a pair of pants for me," whispered the boy. ‘‘This is the place, isn’t it, Mister?” the boy queried of the "Clothe-a-Child” editor of The Times. "Yes,” was the answer, but It just was partially right. The place—although it’s terminus is The Indianapolis Times—really is in the hearts of all citir

Superintendent Myers Is Questioned on Activities of Coroner. BY DICK MILLER Big parade of city hospital internes and doctors centered in the county grand jury room today, as members of the quiz body deived further Into alleged irregular activities of Coroner Fred W. Vehling. The staff of the hospital appeared at the courthouse after the grand jury had heard Dr. Charles Myers, superintendent, for several hours Monday. Dr. Myers, since purported irregular activities of Vehling were exposed by The Times, has led the hospital fight to block alleged “curiosity autopsies” at the institution. Death Records Scanned It is charged Vehling has ordered many post-mortems in natural death cases in violation of the state law, which sets out post-mortems can not be performed except in cases where violence or casualty have bearing on the deaths. In many of the instances of purported “curiosity” post-mortems, Vehling has filed claims for $25 fees with county officials. Prosecutor Herbert E. Wilson and Deputy Oscar Hagemeier have been scanning the death records of the hospital and Vehling's office. In these, it is reported, they have found evidence of “spite” verdicts, growing out of relatives’ refusals to permit autopsies, and other cases where bodies were rushed to the city morgue or Vehling’s undertaking parlor, 702 Virginia avenue, for alleged unwarranted autopsies) Jordan Case Sifted Grand jurors today are expected to begin sifting activities of Vehling in connection with the auto-train deaths of Mr. and Mrs. James Jordan of Lawrence, near their home several weeks ago In this case, members of the family charge, the bodies were ordered returned to the city hospital for autopsies by Vehling, after an Oaklandon undertaker began embalming, on orders of relatives. Chris Jordan of Greenwood, a brother of the deceased man, will be called before the quiz group to tell how Vehling is alleged to have threatened to change the verdict in the case and used high-handed methods in dealing with relatives and friends of the Jordans following the couple’s death. LUMBER KING DEAD Edward Hines Succumbs to Heart Disease, Pneumonia. By United Press EVANSTON, 111., Dc. I.—Edward Hines, 68, millionaire lumber merchant, philanthropist and Republican leader, died at his home in Evanston today of chronic heart disease and pneumonia. Hines started out in life as a grocery clerk at $lO a week. At his death, he was one of the most prominent figures in lumber merchandising. A chronic heart condition was the indirect cause of death. His condition recently became worse, but he rallied until stricken by pneumonia. Hines’ wife, Mrs. Loretta Hines, and their three children, Charles and Ralpfc Hines and Mrs. Howell Howard, Dayton, 0., were at the bedside when he died. Another son, Edward Jr., died in France during the World war. The Edward Hines Jr. hospital was named for him. The elder Hines donated the site.

with $2,500,000 in 1930 and $3,500,000 in 1929. Studebaker also is increasing Its newspaper advertising for next year, estimating it will spend more than $7,000,000. This comparies with $4,500,000 in 1929 and’ only $2,000,000 last year. Buick already has launched its most pretentious advertising campaign in the last four years and the Oakland-Pontiac companies are understood to be preparing a doubled expenditure in 1932. The Rockne six, a light automobile, will have two lines, the “65” and “75,” with prices ranged from $585 and $685 respectively. Dealers viewed the 1932 Chevrolet exclusively, prior to the general public showing here Saturday. The company’s huge Flint factories already are moving slowly into production.

Call Riley 5551—0 r write —and ask for the Clothe-A-Child editor of The Indianapolis Times. He will give you the name of a needy school child between the ages of 6 and 12 years. Each child has been checked for need by the Christmas Clearing House and the social service department

zens who answer the Yuletide call of "Holes & Patches" and his friends, and provide them with suitable wardrobe warmth during the dank winter school days. m * “TTOLES & PATCHES" knew Jrl this, but vaguely, but soon he’ll know that other place he’ll fill. In a few hours "Holes &

INDIANAPOLIS, TUESDAY, DECEMBER 1, 1931

COUNTY OFFICE SUITE CHOSEN BY DEMOCRATS Charles B. Clarke Named Attorney, to Succeed Harvey Grabill. MANN IS ROAD CHIEF Charles F. Slotz Picked to Replace John Carter at Poor Farm. Appointments to six major county offices, effective Jan. 1, were approved today by H. Nathan Swaim, Democratic county chairman, on recommendation of County Commissioner Dow Vorhies and Com-missioner-Elect Thomas Ellis. The latter will assume office Jan. 1, succeeding John Shearer. Two Democrats and one Republican then will compose the board. Their choices, as announced today, follow: County Attorney Charles B. Clarke, to succeed Harvey Grabill. County Poor Farm Superintendent —Charles F. Schlotz, 1108 Centennial avenue, to succeed John V. Carter. Superintendent of the Marion County Hospital for the Insane— Harry Barrett of Acton, to succeed Benjamin Morgan. County Highway Superintendent —John S. Mann of Wanamaker, to succeed Charles Mann. Courthouse Custodian Maurice F. Reilly, 5240 College avenue, to succeed Roland Snider, son of County Commissioner George Snider. Bailiff of Commissioner’s Court— Verl Pierson of Beech Grove to succeed James McConnell. Many Want Jobs Because of the tax slashing tendencies of the present county council, many of the salaries will not be as large as under the Republican regime, but despite this there was a host of applicants for each post. The most important change from the standpoint of general welfare is the ousting of Carter and his family from control of the poor farm, where they have held sway for six years in the face of criticism from inmates, taxpayers, and county grand juries. Charles F. Schlotz, who will succeed Carter, is 60, and has been employed at the Link Belt Company during a period of forty years. He also has been a farmer and thirtyseven years ago was gardener at the poor farm. The post pays $1,500 and subsistence for the superintendent, and his wife is paid S6OO a year as matron. Barret Heads Hospital Harry Barrett of Acton, who is to take charge of the county hospital for the insane at Julietta, is a groceryman and farmer. Several years ago he was employed at the Central State hospital for the insane here. This post pays $1,500 yearly. Charles B. Clarke, the new county attorney, was selected by the (Turn to Page 6) LINDY BACK HOME Joins Anne and Son After Flight to South. By United Press NEWARK, N. J.. Dec. I.—Colonel Charles A. Lindbergh was reunited with his wife and son today after his flight to South America to inaugurate anew ah line. Lindbergh landed here Monday night and left immediately for the Morrow estate at Englewood. He denied turning down an invitation to attend church with John D. Rockefeller Sr., while he was fogbound in Florida “I never received the invitation,” he said. “It must have gone astray.” Lindbergh flew the American Clipper, world’s largest amphibian to Miami from where he piloted it to Barranquila, Colombia, on its first trip in anew South American service for Pan-American Airways. HEATH SEEKS DIVORCE Decree Granted Wife in U. S. Not Recognized in England. By United Press LONDON, Dec. I.—Sir James Heath filed suit for divorce against Lady Heath, famous British aviatrix, today. Lady Heath was granted a divorce at Reno recently, but it is not legal in England. Lady Mary Heath married George Anthony Reginald Williams, also a British flier, after her Reno divorce from Sir James Heath.

Patches” will be trotting swiftly at the side of a Clothe-A-Child doner on his way to get those new pants He’ll be assured of uninterrupted school and play days. His hours of hugging a kitchen stove and coaxing frigid hands to pliability will be over with the heavy knit mittens the Clothe-A-Child donor fits on his hands.

KIDNAPER IS DRIVEN FROM BEDROOM BY SCREAMS OF CHILD

Jig: >r . 4fi % :• "•:% . ... fM- •‘ • •• '•' : : iljl *

Bernice Meredith

RENEW FIGHT IN TUTEWILER CASE Prosecutor Demands Ruling on Booze Crash. Petition to force a court ruling on one of three charges placed against Harry D. Tutewiler, 1517 Park avenue, former county commissioner, was filed this morning in municipal court four by Russell Dean, deputy prosecutor. The petition demands that Sol C. Bodner, special judge, find Tutewiler guilty of a. charge of failing to stop after an accident, growing out of a collision several weeks ago on the north side. Tutewiler last week was discharged by Bodner on charges of drunkenness and operating a car while drunk. Bodner withheld judgment on the charge of failing to stop after an accident. Conviction on the latter charge carries a maximum fine of S2OO and imprisonment for sixty days. Bodner announced that a ruling will be made on the petition at 2 today. With filing of the petition, Deputy Prosecutor Dean declared evidence in the case “clearly shows Tutewiler is guilty of the charge of failing to stop after the accident.” “In my opinion, the state proved the other charges. We believe it is only fair to the state to petition the court for a finding on the charge.” USE X-RAY ON GOITRE Experiments on Opossums Proves Worth, Says Expert. By United Press ST. LOUIS, Dec. I.—Experiments with sixteen Texas opossums have proven that goitre—one of mankind’s oldest ailments—improves under X-ray therapeutic treatment, Dr. O. M. Walter, Northwestern university, told the Radiological Society of North America today. Walter was among eminent radiologists who addressed the seventeenth annual convention of the society today, giving first-hand information of new uses to which the X-ray can be put. FIGHTTo SAVE CHICAGO Ten Millionaires Open Drive for $37,000,000 to Avert Bankruptcy. By United Press • CHICAGO, Dec. I.—Ten millionaire “minute men” started a drive for $37,000,000 today to save the nation’s second greatest city from bankruptcy and its employes from payless distress. Tile men, representatives of fifty of the city’s wealthiest business men, financiers and industrialists, answered a call by Mayor Anton J. Cermak “to save the city from going to hell.” “Pay rolls are due and there are no funds to pay them. Jan. 1, millions of dollars of bonds must be paid off,” the mayor pleaded. “Interest will be defaulted. The city’s credit will be ruined. You men must come to our aid.” $315 in Jewelry Stolen Forcing a bedroom window at the home of Mrs. Albert Montgomery, 814 North Meridian street, apartment 1, burglars Monday night stole jewelry valued at $315 and $1 in cash, officers were told. Hourly Temperatures 6a. m 32 10 a. m 34 7a. m 32 11 a. m 35 Ba. m 31 12 (noon).. 36 9 a. m 32 1 p. m 36

of the Indianapolis public schools. Community Fund relief agencies are providing the names of worthy children to be clothed. The Times gives you the name of a child. You clothe the youngster — that's your Christmas, that’s the child’s Christmas, and that’s our Christmas.

You’d like to know "Holes & Patches”? Or maybe his sister “Curiyhair”? They’re in the Clothe-A-Child movement. And all you have to do is to tell the Clothe-A-Child editor of The Times that you’ll give them one decent, wearable outfit of clothing for the chill school months ahead.

Attempt to Muffle Cries With Clothing Fails; Eludes Father. County-wide hunt is on today for the kidnaper who attempted to abduct Bernice Meredith, 8, daughter of Mr. and Mrs. Louis C. Meredith, while she slept in her bedroom at her home, 2154 North Illinois street, apartment 2, Monday night. The child’s screams as she was lifted from her bed frightened the kidnaper *vho dropped the girl and fled through the bedroom window. Close on the heels of the intruder, was the girl’s father, a former deputy sheriff. The kidnaper escaped in the darkness between houses in the vicinity. Meredith told police he was in the living room with Mrs. Meredith and Earl Robbias, his brother-in-law, and Mrs. Robbins was washing dishes. The girl screamed shortly after Mrs. Meredith had put her to bed and raised the window slightly. Police learned that after his entrance into the bedroom, the intruder had closed the bedroom door and attempted to muffle the child’s screams by wrapping her face in bed clothing. “I guess I shouldn’t have Opened that window,” Mrs. Meredith told police. “Bernice and her sister, Irene May, 5, have been telling me someone tried to open the window several times. I was sure everything would be safe with all of us in the house.” The Merediths only have lived in the apartment a month. Meredith was a deputy sheriff under George L. Winkler. The girl’s description of her kidnaper was meager. She said he was about 5 feet 10 inches tall and a white man.

The ‘Classic’ The Indianapolis Times today presents its annual AllState College football teams, selected by Dick Miller, after a season in which he studied the play of every college and university eleven in Indiana. Miller is recognized as one of the outstanding football officials and critics in the nation and his mythical team this year is a combination of experience, study and skill. The Times AU-State—rec-ognized by many of the schools as the “official” all-state—to-day is on the sports pages.

TRIO HURT IN CRASH Cars Climb High Bank; Two Women Injured, Three persons were injured, two seriously, when two automobiles collided and ran up a seven-foot embankment today at Orchard avenue and Thirty-fourth street. Mrs. Adelaid Blakely, 62, of 3733 North Temple avenue, riding in a car driven by her sister, Mrs. Ottielie Widdop, was hurt seriously about the head and shoulders and is in the Methodist hospital. Mrs. Widdop was cut and bruised. Harland Fleece, 19, 428 West Forty-fourth street, passenger in a car driven by Ray Strong, 20, of 307 East Forty-second street, sustained possible fractured shoulder and is in city hospital.

DEMAND FOR RATE CUTS MADE IN UTILITY FIGHT

Last meeting of committees leading the movement for lower water and light rates before they go into conference with utility company officials will be held at 2 today in the office of Mayor Reginald H. Sullivan. Definite plans for demanding drastic reductions in rates will be laid at this meeting. In a few days the mayor and his two committees will confer with officials of the Indianapolis Water Company and the Indianapolis Power and Light Company. The committees are expected to receive figures from accountants which they will use as a basis for the new rate schedules they intend to demand. Although the conference with utility chiefs presumably is for a compromise, the committees have signified they will not sacrifice their demands for sake of agreement. Recently, the mayor issued a statement declaring the compromise conference was not asked for by petitioners for reduced rates, but that it was the suggestion of Harry

IT’S a Christmas gift that’ll last as long as memory and the woof of cloth or the soles of shoes. Its cost depends on the individual needs of each child. Some need everything, some need but sturdy shoes or warm wraps. Clubs, groups, neighborhoods, apartments, office forces, can band together and Adopt a Cloth-A-

Entered as Seeond-Clsias Matter at Postoffiee, Indianapolis. Ind.

CITY WINS FIGHT TO BLOCK BOARD ON BUDGET CUT Judge John Kern Makes Injunction Permanent and Halts Reduction Ordered by State Tax Commission. 1927 LAW HELD UNCONSTITUTIONAL Interference in Purely Local Appropriations Held Infringement of Rights Delegated to Municipal Authorities. Challenging the right of the state tax board to interfere in purely local matters, Judge John Kern of superior court one today made permanent an injunction obtained by the city against the carrying out of the tax board’s 2-cent budget reduction. James Showalter, chairman of the tax board, was in the court room when Judge Kern declared that in his opinion the principle of the 1927 state budget law “clearly is unconstitutional and therefore, the tax board’s reduction of the Indianapolis rate is void.”

LEAGUE'S PEACE PLAN APPROVED China and Japan Ready to Accept Compromise. BY RICHARD D. M’MILLAN United Press Staff Correspondent PARIS, Dec. I.—China and Japan are ready to accept the League of Nations plans for peace in Manchuria. The compromise was based on withdrawal of Japanese troops from the Chinchow area to satisfy China, and guarantee of protection of Japanese nationals from Manchurian bandits to satisfy Japan. Both delegations announced officially their agreement with the terms. The league council hopes to complete a compromise resolution satisfactory to both nations in time for a public session of the council Wednesday or Thursday. The council of twelve, without China and Japan, decided not to meet today, so all delegates might help complete the resolution. The resolution will provide for speedy evacuation of Manchuria by Japanese troops and appointment of a neutral commission of inquiry. ‘D. T.’ hintedln~death No Traces of Poison or Alcohol in Ames’ System, Says Toxicologist. By United rress NEW YORK. Dec. I.—The cause of death of Robert Ames, stage and screen star, could not be determined definitely, Alexander O. Getler, city toxicologist, reported after an examination,, but added there were indications of delirium tremens. He said he was unable to find traces of poison or alcohol in the system. There were traces of bromides, though not of sufficient volume to cause death, he said. Delirium tremens can develop without immediate presence of alcohol in the system.

K. Cuthbertson, public service commissioner. By United Press WASHINGTON, Dec. I.—The Federal Trade commission today resumed its investigation of public utilities with a survey of the fiances of the Middle West Utilities Company, largest holding company of the Insull group. Middle West Utilities controls companies serving approximately 5,000 communities in thirty states. Charts showing that the company in 1930 served a population of 6,203,846 with electricity, water, gas, heat, were introduced by W. B. Horne, a commission examiner. Horne’s charts showed 247 allied companies in the Middle West Utilities group. Twenty-seven are inactive. Before starting his examination, Robert E. Healy, chief commission counsel, told Commissioner Edgar A. McCulloch, who presided, that the commission would place in the record reports on the financial aspects of other Insull companies.

Child, boy or girl, for Christmas tide. Name a treasurer for your group, a shopping committee, a committee to visit the child’s home. Go into that home and see the child’s needs with your own eyes. And then youll know why "Holes & Patches" towed his father into the “place where they have a pair of pants for me.’’ You’ll get his or her smile or “thank you.” You’ll see eyes grow big in wonderment at new—yes, actually new—shoes. You’ll be to them the “Clothe-A-Child Man” or “Lady” who brought warmth on winter days and took away the shame of "Holes & Patches."

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The city’s suit was directed not only at the question of the constitutionality of the provisions of the budget law, but asked that the county auditor and the county treasurer be restrained from carrying out the tax board's order cutting the 1932 civil city levy from SI.OB to $1.06. Involves Free Government “This case is r.ot important because it involves a possible reduction of 2 cents in the tax rate for 1932, or the question of whether the city council was right or the state tax board was right in estimating the city’s financial needs for the coming year, it is important because it involves principles of constitutional law and principles of free government which form our political rock of ages, and from which courts should not permit even one fragment to be blasted,” Judge Kern declared, following issuance of the ruling. “The city council of Indianapolis, the elected representatives of its citizens, fixed the city tax rate at SI.OB. In doing so, they determined that it was for the best interests of this city and its inhabitants that the mayor should have a contingency fund of $25,000 with which to continue the protection of the city’s rights in the gas company, to obtain relief on behalf of the city from the rates now being paid to the Indianapolis Power and Light Company and the Indianapolis Water Company, and to combat possible epidemics, such as the recent epidemic of meningitis. “They determined it to be for the best interests of the citizens of Indianapolis to maintain the present Gamewell organization in connection with the city fire department, to maintain the park system of Indianapolis, and to continue the employment of those laborers which they felt necessary. Ordered Budget Cut “Upon appeal by ten taxpayers, the state board of tax commissioners, appointed by the Governor, and not elected by or representative of the citizens, fixed the city rate at $1.06, and ordered that the mayor’s contingency fund and the appropriation for salaries in the Gamewell department should be cut, and that SBO,OOO should be cut from the park fund budget, resulting in a loss of employment to 150 laborers. “In reducing the city tax levy, by this expedient of a direct control of specific expenditures, this administrative board, appointed by the Governor, has, in effect, amended the budget and appropriation ordinances adopted by the legislative branch of the city government, elected by the people of Indianapolis, and has sought to control matters of purely local interest, relating solely to the private corporate activities of the city, such as the items which I have just mentioned. Menace to Liberty “If the state board of tax commissioners has power to reduce the mayor’s contingency fund in part, and the park fund budget in part, it would have the power to prevent such expenditures entirely, and the private municipal activities of this city ultimately would be controlled and directed by a state board appointed by the Governor. “One of the strongest bulwarks of liberty is home rule and local selfgovernment, based upon the principle that the citizens of a municipality have the right to govern themselves and direct their own activities in regard to those matters affecting only the inhabitants of that community, and not affecting the state as a whole, and this principle long has been recognized as one of the fundamental parts of constitutional law in this state. “In my opinion, the order of the state board of tax commissioners, as applied to the facts in this case, clearly contravenes this principle, and is unconstitutional and therefore void. “I also am of the opinion that the voting of money and the levying of taxes is a legislative power, to be exercised only by the elected representatives of the people, and this can not be done, directly or indirectly, as was attempted in this case, by a virtual amendment of city appropiration ordinance by any state administrative and appointive board to which the legislature can not delegate such power."

Ontside Marlon County S Ceuta