Indianapolis Times, Volume 44, Number 34, Indianapolis, Marion County, 20 June 1932 — Page 1

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JAIL RELEASE FRAUD BARED; CLERK RESIGNS Commitment Is Altered in Woman’s Case to Free Her From Prison. JUDGE LAUNCHES PROBE # , Deputy Pyle Made Change on Paper Under Pressure, Officials Believe. Alleged irregularities in handling Inf jail commitments in the municipal court clerk's office today resulted in the resignation of Pascal Pyle, deputy clerk, on demand of Glenn Ralston, county clerk. Meanwhile, investigation of the Situation was expected to be started l).y county prosecuting officials, in sn attempt to learn who brought pressure on Pyle to alter a comjinitment in the case of Mrs, Rose 'Stevens, formerly of 1126 Central Mrs Stevens was sentenced to jsixty days in the state woman’s prison and later freed at Pyle's direction, after serving eleven days. tiShe was convicted on a blind tiger count. Pyle, refusing to tell who had “•seen'-’ him about the case, resigned immediately, when Ralston presented a written demand for his j Judge Learns Woman Is Free i Mrs. Stevens was sentenced by Municipal Judge William H. Sheafffer May 10 after a raid on her ■apartment. Rheaffer learned Saturday that the woman was free, having been permitted to leave the county jail May 21, when Pyle *ißned a commitment paper marked ? 'days suspended.” Pyle made no statement when be turned over his resignation to Ralston, after Ralston and Sheafier conferred today. Meanwhile, police were seeking to arrest Mrs. Stevens, who moved from the Central avenue address shortly after her release from jail.. Prosecutor Herbert E. Wiison said he would confer with Ralston and probably begin an investigation. Shcaffer said he had not decided whether to cite Pyle for contempt of court. Wilson's investigation, It was pointed out, could center on the allegation of altering public records. Other Cases Involved It also was learned that Sheaffer ■will open an Investigation into disposal of two court cases and the standings of three bonds in criminal courts. That the books show no records pf court action on two cases, one in October, 1931, and the other last November, was revealed today by Sheaffer, after he reecived a reports of state accounts board examiners. The bond cases involve three SSOO bonds and one for SSO, three of which were supplied by professional bondsmen. The court records are incomplete, failing to show whether the bonds were forfeited or remain Valid. Ralston’s demand for Pyle’s resignation read: ■ “Due to seeming irregularities ■'and misunderstandings which have developed from your service, I respectfully ask your resignation, effective immediately.” Pyle’s written reply was: ‘‘l re/Sign ns deputy clerk, effective this idate.” Names Successor Soon I Ralston said he. probably would name a successor late today or Tuesday. The raid on Mrs. Stevens’ home was made May 9 by federal agents ‘.end police. Two other persons were arrested with Mrs. Stevens, but the federal vagrancy charges were dismissed against the trio. The following day, however, Mrs. .Stevens was convicted on a blind tigher count, fined and sentenced. Records at the county jail reveal that the original commitment in the case showed only the fine suspended by the court. Mrs. Stevens ■was in jail from May 10 to 21, pendJng removal to the woman's prison. Persons in the building today •aid they had no information where Mrs. Stevens and the other (couple moved after her release. For several weeks, a two-way checking system has been in operation in the clerk's office, on Sheaffer's orders. It was understood that similar trouble, which occurred previously, resulted in Sheaffer assigning an attache to check each of the commitments to learn that those sentenced actually were serving time. Pyle Takes Rap At the jail it was said that Mrs. Stevens was not taken to the woman’s prison, due to the new rule that deputies wait three persons sentenced to the institution before making th trip. This rule was invoked as an economy move, jail officials stated. Pyle, when first questioned, said he would not make a statement until he had conferred with Sheaffer. He said he “could not understand” why Sheaffer had not come to him with the complaint It was later that Pyle said he would “hot. jam up" any one else in the affair, when he was asked who had directed him to sign the papers, automatically releasing the woman. "It looks like a little political scandal,” Pyle told The Times. “I didn't say that the papers were made out ‘under pressure,” as was quoted in newspapers.” Hourly Temperature* 6a. m 69 10 a. m 73 7 a. m 71, 11 a. m 77 8 a. ra 68 12 moon).. 80 9a. m 70 !p. m 83

The Indianapolis Times Partly cloudy tonight and Tuesday, with probable thundershowers this afternoon or tonight; not much change in temperature.

VOLUME 44—NUMBER 34

! Pleas to Aid Needy Heard by Senators Labor Leader Warns Failure to Act Will Be Menace to Government. By United Press WASHINGTON, June 20.—A prophecy by Edward F. McGrady of the American Federation of labor that, if reiier is not afforded, i “it will bring a cry to save the government” next winter instead of i pleas to help the needy, brought applause today in a crowded senate committee room. “The President and congress must realize that conditions are not going to get better, but that they will get worse,” McGrady said in testifying on relief legislation before the senate manufacturers committee. McGrady is the A. F. of I legislative representative. The senate, meanwhile, took up the $2,000,000,000 Wagner construction relief program, with indication that the measure would pass after extended debate. In his testimony, McGrady said wages in New York were 45 per cent of normal, that the steel industry was "85 per cent flat,” and that cotton had reached the lowest price in 200 years.” The Rev. R. A. MacGowan of the National Catholic Welfare committee warned that “if congress adjourns without doing something to aid unemployment they will come back facing a greater catastrophe than ever before.” “Congress dare not adjourn without meeting this national catastrophe in an adequate and statesmanlike manner,” said Dr. Sidney E. Goldstein of New York, chairman of the executive committee of the Joint Committee on unemployment. DARROW FIGHTS FOR BOY KILLER Maps New Plans to Save Youth From Death. By United Press CHICAGO, June 20.—Clarence Darrow spent today in his south side apartment seeking a plan to save 17-year-old Russell McWilliams of Rockford from the electric chair. In the state penitentiary at Joliet, the boy slayer spent another day of despair. Unless Darrow and other attorneys in the case are able to get a stay from the Illinois supreme court, the youth who killed a Rockford street car motorman in a Rockford holdup last August must die early Friday. “Every recourse of argument, every stratagem that the years have taught will be thrown into the battle to save this boy from an ingominious death,” Darrow said today. "My associates will be in Springfield with me Wednesday to argue before the supreme court for a stay of execution.” The attorneys will seek a reprieve to enable them to prepare another appeal to the supreme court. The court already has interceded in the case, remanding it to the circuit court at Rockford for reconsideration. ’ Judge Arthur E. Fisher, who 1 heard young McWilliams’ original j plea of guilty and sentenced him | to die, heard additional evidence j an dthen reinflicted the death pen- i alty, declaring he was convinced ] McWilliams committed a murder I in cold blood and that the court I could find no reason for lienience. 1 AIDS G. 0. P. WET PLANK Ex-Congressman to Take Stump in Favor of Submission. By I niled Press WASHINGTON, June 20.—Former Congressman Franklin W. Fort of New Jersey announced at the White House today that he intended to take the stump in favor of the Republican party’s plank for submission of the eighteenth amendment.

BY MARSHALL McNEIL * Timet Staff Correspondent WASHINGTON. June 20.—The heaviest taxes of peace times become effective Tuesday. Within a year taxpayers everywhere will ante up a total of at least tw’O and one-half billion dollars, more than half of which sum will be accounted for by the new taxes just levied by congress. Your income this year is subject to the highest taxes since 1922. Os course, this tax is not due until next March. Estates of person wt\o die af*2i 5 p. m. on June 6 will pay extraordinary rates. The new and high gift tax notes went into effect June 7.

Tuesday you start paying 2 cents tax on each check you write, and if you buy stock Tuesday you will pay a federal impost twice as great as before. If you borrow stock for short selling, you will pay, also. If you sell wheat or cotton on futures exchanges, you will pay again. The checks tax is hit a stamp tax. Banks must pay the tax, based on the number of checks you write, and the total tax amount is deducted by the bank from the depositor’s balance. The new federal license for pleasure boats will date from July 1, and your movie tickets, if your favorite playhouse charges more than 40 cents admission, will be taxed to lift the treasury out of the deficit chasm. m m m BUT, while almost half a billion dollars in new excise taxes become effective tomorrow, also, this does NOT mean that just at dawn on June 21 will you pay more for your auto tires, mechanical refrigerators, chewing gum, candy and a dozen other luxuries and necessities. Because these excise taxes are MANUFACTURERS’ EXCISE

AMELIA GETS GAY WELCOME IN NEW YORK Tastefully Gowned Flier Greeted by Noise and Ticker Tape. MET BY MAYOR WALKER Miss Earhart Describes Harrowing Details of Flight. BY DELOS SMITH United Press Staff Correspondent NEW YORK, June 20.—Amelia Earhart Putnam, who flew the Atlantic alone, returned in triumph today. Gowned tastefully in a brown ensemble, she was smiling as she stepped from the liner lie de France to the city tug Riverside and was escorted through a maze of pleasure craft and tugs to the battery. Miss Earhart carried a huge bouquet of roses, presented by Mayor James J. Walker, a striking contrast to the oil spattered figure dressed in flying costume who brought her plane down safely near Londonderry, Ireland, several weeks ago. She was in a gay mood, even as she Gcscribed the hardship of the long flight over the Atlantic when at times her plane was so close to the water that she could see the angry white caps. But she apparently had forgotten the hardships today as she chatted with her husband, George Palmer Putnam. Describes Her Flight Once on the Riverside, she willingly gave an interview, and started off with a sly dig at Putnam, who returned with her after meeting her in Paris. “When I reached London, I read in one of the papers that Gippy had said, when notified that I had landed safely, ’My darling is safe. Thank God.’ Did you say that?” she commented. “No,” said Putnam, glancing down. Then she described her thrilling flight—the first of its kind ever made by a woman—saying: “No, I did no worrying or even thinking while over the Atlantic. It would be fatal to think. When I struck land I knew I was over Ireland and because my exhaust had broken off it was imperative that I land. “When I landed, several of the farmhands thought I was a supernatural being. I stood up in the cockpit of the plane, and I really looked like nothing at all. I was in my flying costume, and my face was covered with grease. The farmhand who saw me first told me later he ‘almost dropped through the earth’ when he heard me speak in a woman’s voice.” Cheered by Crowds A number of women fliers, including Ruth Elder, who made an unsuccessful attempt to fly the Atlantic; Ruth Nichols, who cracked up in Newfoundland on a transAtlantic attempt; Viola Gentry, Eleanor Smith and others met the Riverside at the pier. Boat whistles screamed as the Riverside put in and Miss Earhart and her husband were escorted to an automobile to start up the triumphal path followed by many heroes—the canyons of lower Broadway. As the car moved along Broadway, great collections of ticker tape, confetti, and torn paper floated down from the upper stories of the towering skyscrapers. The streets were crowded and cheers went up as Miss Earhart, bowing and smiling, sped j up town. The parade led the customary path to the city hall where Miss Earhart was greeted by Mayor Walker. Following the reception at city hall she went to Bryant park for another celebration. Tonight she will be guest at a private dinner and Tuesday she will fly to Washington to receive the aeronautic medal of the National Geographic Society.

HEAVIEST PEACE-TIME TAXES GO IN EFFECT TUESDAY

taxes, and they can not rightfully be levied on stocks now in stores and purchased before June 21. Dealers in these articles may raise their prices Tuesday, but if athey do this on stock in : hand, that increase will go into their pockets, rather than into the federal treasury. In earlier tax laws, there was a provision covering stocks' on hands, but no such clause is included hi the revenue act of 1932, approved by President Hoovfe'r dt 5 p. m. on Jun< 8. This means, if you go out to buy a tire for your automobile Tuesday, you will not have to pay 2t4 cents additional for each pound of casing weights, unless the dealer you patronize purchases the tire that day from the manufacturer. And it appears practically certain that the dealer will not have bought the tire you may buy from the producer on that day. * * * THIS means, also, that the chewing gum you buy Tuesday will not bear the 2 per cent fcd- , eral levy. Bemuse this t?.x is 4m

INDIANAPOLIS, MONDAY, JUNE 20, 1932

1 Market Ban on Sidewalk \ Use Upheld Court Order Clears Way to Abolish Stands on Street. i Circuit Judge Harry O. Chamberlin ruled today that the city may abolish sidewalk city market stands when he sustained a demurrer to a suit brought by standholders and the Housewives’ League, Inc. This cleared way for enforcement of a safety board order abolishing stands on Market street, from Delaware to Alabama streets, to provide for angle parking. Enforcement of the order, which was to be May 31, was delayed by the court suit seeking to enjoin the board from abolishing stands. Chamberlin held that “no person, or persons, not even a sovereign power, can asserte any vested rights in public streets or sidewalks, once dedicated to the public.’' He explained the question was one of public convenience and adaptability as well as legality. Standholders’ rights in regard to stands were described in the ruling merely as “permissive rights” and not “definite” or “unassailable rights.” banksTroduce NONTAX CHECK Slips to Be Used Only for Personal Withdrawals. Indianapolis bankers were divided today in opinions on the new general revenue bill placing a 2-cent tax on each check written by bank depositors. Preparations were begun last week for adoption of nontaxable counter checks which can be used by depositors making personal withdrawal of funds. Advice today from the office of the internal revenue collector interpreted the revenue bill as not including such instruments, which are nonnegotiable and take the form of a receipt, rather than an order. The new counter checks will make their appearance Tuesday when the law takes effect. These checks can be cashed by the signer only, and must not hear the familiar words “pay to the order of” or any similar language. Several bank officials voiced this belief that the tax would result in less prompt payment of bills, since the payment would be deferred until such time as the payer would be in the vicinity of the store, and could pay the bill personally by cash. Armored truck service is being planned for the use of industrial and and commercial establishments wishing to pay employes in cash. Postmaster Leslie D. Clancy called to attention of the public the fact that new postal rates enacted by congress do not go into effect at this time. The new 3 cents postage rate for letters and other first-class matter will become effective July 6, as will the new air mail rates.

Zoo Stories Who isn’t a zoo fan? You can’t resist the lure of the zoo any more than your 10-year-old can. There’s a fascination about animals that never palls. And there's the same fascination in stories about animals. You read them and reread them with avid interest. So you’ll enjoy the second of a series about the Bronx zoo, which appears on Page 2 of this edition. There’ll be more of these zoo stories, from time to time, in this newspaper. Watch for them. They’re great reading.

posed on the manufacturer and on the price for which he sells the chewing gum. Again, it is practically certain that the chewing gum—or, for that matter, the radio, mechanical refrigerator, candy, matches, furs, etc.—you may buy Tuesday was manufactured some time ago, and sold to your dealer some time ago. Congress made it perfectly clear why this is so. The revenue act explains itself. Let’s take the tax on chewing gum, for example, the full text of which follows: “Sec. 614. Tax on Chewing Gum.

By United Press WASHINGTON, June 20. Here are the new* federal manufacturers’ excise taxes that become effective tomorrow, but which do not apply to stocks on hand in stores: Lubricating oil, 4 cents a gallon. Brewers' wort. 15 cents a gallon. Malt syrup, 3 cents a pound. Grape concentrates, 20 cents a gallon. Tires 2M, cents per pound; tubes. 4 cents a pound. Toilet preparations. 10 per cent; except that tooth pastes soap 6, and dentifrices pay 5 per , cent. Furs, 10 per cent. Jewelry, 10 per cent on

bonus mr OF 50,000 IS GOAL OF DRIVE More Than 200 Agents in All Sections of U. S. Seek to Start More Marchers. 18,000 NOW IN CAPITAL Threat to Form Third Party Is Voiced by Group’s Leaders. By United Press WASHINGTON, June 20. The bonus army perfected an organization today through which it hopes to increase its ranks to 50,000 before July 4. ' Leaders announced that between 200 and 300 agents are working in all sections of the country in an attempt to start more men on the march to Washington. Most of the agents are ex-service men, who have volunteered to work in their home towns. From Ogden, Utah, came a report today that 25,000 men were moving out of west coast states toward the capital. Police estimated there aer 18,000 ■veterans in Washington, but army leaders say they have 22,000. The bonus expeditionary force threatened today to support a third party or form anew one, unless the Democrats come out for immediate payment of the $2,400,000,000 bonus. “Unless we find an acceptable candidate in the Democratic party,-we shall throw our strength behind a third party,” the bonus army’s legislative committee warned. “The Republican party is definitely out.”

For Repeal Plank The committee of the embattled World war veterans dispatched telegrams to Democratic presidential and vice-presidential candidates, asking written expressions of their views on the bonus and other veterans’ legislation. Harold Foulkrod of Philadelphia, chairman of the committee, has gone to Chicago to work for a bonus plank in the Democratic national platform. Republicans rejected such a plank. The committee began to formulate a general platform for the veterans, including repeal of the eighteenth amendment. It was considered possible that Command-er-in-Chief Walter Waters might rule out the prohibition issue, as likely to detract from the fight for the principal thing the veterans want—the bonus which congress has refused to grant. Remember November! Waters sought the aid of all veterans’ organizations in the bonus army's campaign to defeat congressmen and senators who voted against the veterans’ payment. He sent letters to every post of the American Legion and the Veterans of Foreign Wars. The letters mentioned the refusal of the platform committee at the Republican convention to consider a bonus plank, and added: “Our suggestions were laughed down and our proposals were filed in the waste basket. Think it over, veterans. Remember November!” R ETA IN FOX SUBPENA Senate Committee Declines to Grant Release, Despite Illness. By United Press WASHINGTON, June 20. The senate banking and currency committee today declined by a unanimous vote to release William Fox, motion picture producer, from a subpena to appear in the committee’s stock market investigation. Fox was ill in a hotel here last week, when he w’as called to appear. He is suffering an attack of diabetes. The producer requested that he be allowed to return to New York for recuperation. No action was taken on this request, but Chairman Peter Norbeck indicated that failure to act was tantamount to permitting Fox to return to New York under subpena.

There is hereby imposed upon chewing gum, or substitutes therefor, sold by the manufacturer, producer, or importer, a tax equivalent to 2 per centum of the price for which so sold.” nun r T''HIS excerpt from the law shows that the tax will not be levied on the 5 cents you pay for a package of chewing gum, but, rather, on the price for which the maker sells that package, which is a good deal less than 5 cents. This excerpt also shows that this several of the other new

amounts over $3; plated silverware exempt. Passenger autos, 3 per cent; tires and tubes exempt. Trucks, 2 per cent. Parts and accessories, 2 per cent; tires and tubes exempt. Radio and phonograph equipment and accessories, 5 per cent. Mechanical refrigerators, 5 per cent. Sporting goods and cameras, 10 per cent. Firearms and shells, 10 per cent. Matches, wood, 2 cents a thousand; paper, \it cent a thousand. Candy, 2 per cent. Chewing gum, 2 per cent. Soft drinks, varying rates; including tax of 4 cents a pound on carbonic acid gas, which is the “soda” in soda pop. Gasoline, 1 cent a gallon.

Entered ss Second-Clam Matter at Postoffice, Indianapolis

Smith to Be the Name

Yes, it’s true. Florence Watson, comely stenographer in New York’s state education department, smilingly admitted it when this picture was taken. She’s engaged to marry Walter J. Smith, youngest son of former Gorvernor Alfred E. Smith. DEMOCRATS BACK VOTE ON REPEAL

Which Is He? Is Herbert Hoover a success or failure as President of the United Staets? Naturally, Republicans and Democrats differ on the answer. Read the first of three articles in an enlightening series by Rodney* Dutcher, starting today on Page 12 of The Times. The second article will appear Tuesday.

FAMILY WIPED OUT Report Father Killed Five Then Shot Self. By United Press CANTON, Ga., June 20.—The tragic obliteration of the Paul Hardin family, when the father apparently shot his wife and their four small children to death, and then turned the weapon on himself, was revealed today. Hardin’s father, alarmed because his son did not pay him the customary Sunday night visit, made a trip to Paul’s home today and founfl the bodies. A coroner’s verdict declared Hardin apparently was temporarily deranged when he killed the five members of his family and then committed suicide Sunday night. CONFERS WITOoQVER Sanders Announces G. O. P. Committee Will Run Campaign. By United Prctt WASHINGTON. June 20.—Chairman Everett Sanders of the Republican national committee, held his first campaign conference with President Hoover today and announced his intention henceforth to keep the President free from interruptions by politics. The campaign to re-elect Mr. Hoover, Sanders said, will be managed entirely by the national committee.

manufacturers’ excise taxes, can not be passed along directly in cash demands on the ultimate purchase. For instance, if the manufacturer sells a package of chewing gum for 3 cents, the federal tax would amount to six one hun-dred-thousandths of a cent. Thus what the manufacturers of chewing gum will do is either to absorb that 2 per cent tax, or reduce the size of their sticks of gum. # * M THE 3 per cent tax on passenger automobiles is similar. This is applied to the price the manufacturer gets for the auto. Hence, an auto selling delivered at your dealer’s for S6OO would not pay $lB federal tax, but 3 per cent of the price the maker received. But this tax, unlike several others, will be passed on dii rectly to the ultimate purchaser, because of its size. Like these taxes, the new federal tax on gasoline in most cases can not be collected from con- ! sumers Tuesday, because filling , stations everywhere in all probj ability have stocks of motor fuel in their tanks. This is a tax on a unit of quantity, has no relation to the price of that quantity and hence will be passed on. But while you will not actually start paying all of the new federal taxes Tuesday, you will feel them all soon enough—from the 3 per cent you will pay on your light bill, starting Tuesday, to the higher income taxes you will start paying next March 15.

Scripps-Howard Poll Shows Delegates in Favor of Liquor Submission. BY RAY TUCKER Times Staff Writer A submission plank favoring direct vote by the states on prohibition repeal or retention will be adopted by the Democratic national convention at Chicago next week. This was revealed today by a Scripps-Howard poll of delegations. T]je lineup is approximately as follows: Submission of repeal—637. Submission with indorsement of repeal—44s. Hoover straddle—3o. This poll is based upon information obtained by the twenty-five Scripps-Howard newspapers from national committeemen, state chairmen, candidates’ managers, senators, representatives, prospective members of the convention resolutions committee and other party leaders. “Pussyfooting” Is Assailed There was overwhelming denunciation of the “Hoover straddle plank” adopted by the Republicans last week. “The Democartic party can not afford to pussyfoot on this issue—it will not.” This was the consensus. The only exceptions were about thirty delegates from the President’s home state of California. The only demand for a bone-dry plank came from Oklahoma and parts of Kansas. Governor Franklin D. Roosevelt clearly holds the balance of power between a declaration for simple submission, or pledging the party to repeal. Os the 637 delegates for submission, 302 are ready to follow Roosevelt for repeal if he will say the word. Most of them, however, believe he will fall back on mere submission. Al’s Backers Urge Repeal Almost all the repeal strength is found in the forces backing A1 Smith and in “favorite son” states such as Maryland, Ohio, Illinois and Missouri. For Repeal—California, 14; Colorado, 8; Connecticut, 16; Delaware, 6; Illinois, 30; Maryland, 16; Massachusetts, 36; Missouri, 14; Montana, 8; Nevada, 6; New Jersey, 32; New York, 60; Ohio, 40; Pennsylvania, 70; Rhode Island, 10; Tennessee, 8; ! Washington, 9; Wisconsin, 26; Canal Zone, 6; Virgin Islands, 2. Total, 417. f For Repeal or Submission—lndiana, 30; Louisiana, 20; Philippines, 6. Total, 56. (Note: Half of -this fifty-six is credited to repeal and half to submission.) For Submission or Follow Roosevelt—Alabama, 24; Arizona, 6; Arkansas, 18; Florida, 14; Georgia, 28; Idaho 8; lowa, 26; Maine, 12; Minnesota, 24; Mississippi, 20; Nebraska, 16; New Hampshire, 8; North Carolina, 26; North Dakota, 10; Pennsylvania, 6; South Dakota, 10; Utah, 8; Vermont, 8; Wyoming, 6: Alaska, 6; District of Columbia, 6“ Hawaii, 6; Porto Rico, 6. Total, 302. For Submission—Colorado, 4; Illinois, 28; Kentucky, 26; Michigan, 38; Missouri, 22; New Mexico, 6; New York, 34; Ohio, 12; Oregon, 10; South Carolina, 18; Tennessee, 16; Texas, 46: Virginia, 24; Washington, 7; West Virginia, 16. Total. 307. For Straddle —California, 30. Total, 30. For Dry Law Enforcement—Kansas, 20; Oklahoma, 22. Total, 42. Most of the leaders are unwilling to be quoted directly, either as to their own choice between a repeal and a submission plank, or their estimate of the votes to be cast by their delegations. But almost every one was quick to condemn the sort of evasive i action the Republicans had taken.

HOME EDITION PRICE TWO CENTS Outside Marion County. 3 Cent*

FOES OF MAYR IN HUDDLE TO SELECT RIVAL Simmons of Bluffton ‘Out’; McConnell Boomed tor Secretary Post. REPEAL PLANK FRAMED Caucuses Are Slated for Tonight; Prohibition Hearing Held. BY BEN STERN Question of whether Frank i Jr., secretary of state, shall be re- ! fused the Democratic nomination to | the post and, if so, the identity of his opponent, was being debated at Ia huddle of the McNutt-Peters | horsemen early this afternoon. Tentative decision reached, it is reported, is that the call will not be given Virgil Simmons of Bluffton, Fourth district chairman, who made a bid, in 1930. Friends were advancing Thomas | McConnell of Fowler, Second district chairman and president of the Indiana Township Trustees’ Association, while boomlets were being I fabricated for Mayor William Krau :of Elkhart, Lawrence Handley of Richmond and Paul Frye of Linton. | Seventh district chairman. This is the fourth huddle to be held in three days and it has b’en impossible for the “horsemen” to make a choice. Mayr Victory Claimed Noses were counted Sunday night and the Mayr opposition claimed 900 “sure” delegates. Seven hundred eighty are needed to nominate. Because of the strength and popularity of Michael Fanzler of Logansport and the prestige he is expected to give the ticket, his sole opponent, Ralph N. Smith of La Porte, has been prevailed upon to seek the appellate court nomination instead of the supreme court. Smith thuse will be pitted against Francis Bowser of Warsaw and George W. Osborn of Sheridan. Model for an acceptable prohibition repeal plank which today is being framed by a subcommittee headed by Mayor Samuel Trabue of Rushville and submitted to the regular platform committee selected at tonight’s caucuses. Labeled “temperance” like its Republican prototype, this plank promises swifter and more economical action through having the legislatures ratify the repeal amendments instead of following the G. O. P. pledge, which would have this action taken by nonpartisan conventions following a special election. Model Plank Drafted The model plank, which is expected to be closely followed, states: “The eighteenth amendment to the Constitution of the United States and statutes in aid thereof have failed to prevent manufacture and sale of intoxicating liquor in our state and nation, and the cause of real temperance has not been advanced thereby. “To the end that illicit, lawless and unregulated traffic in intoxicants may be supplanted by governmental supervision and control, to the end that instead of the expenditure of enormous sums raised by taxation in a futile effort to abolish the liquor traffic, and that legitimate revenue may be derived therefrom to the relief of the overburdened taxpayer, and to the end that a non-preventable traffic may be controlled effectively in the interest of true temperance and an economic measure, we recommend that the congress of the United States immediately propose an amendment to the Constitution of the United States for the repeal of the eighteenth amendment. Pledge for Temperance “We recommend that said amendment be submitted as soon as possible for ratification to the legislatures of the several states. This will permit speed and economic action, involving no expense, while submission to a constitutional convention and special elections will involve great delay and cost the taxpayers of Indiana alone approximately $1,000,000. “We pledge our legislative candidates to support of such amendment and to enactment of such regulatory law’s as will promote temperance and good morals. “We pledge also repeal of the Wright bone dry law and enactment of such legislation as will conform with federal regulation and enactment of such laws as will prevent return of the saloon.” On the committee with Trabue are Handley; Frank Finney, Martinsville; Hume Sammons, Kentland, and Mayor Frank J. Pritchard, Madson. State Senator Walter Chambers of Newcastle, heads the subcommittee which is framing planks on taxation, public utilities and education. No Dry* Appear An open hearing was held on the subject of prohibition and not a dry appeared. Repealists were represented by Mayor Wood flPosey of Terre Haute, Governor aspirant, Robert Proctor of Elkhart, former state senator and author of the town and city option law; Clay Metzger, Plymouth editor, and Sammons. The Democrats were asked by Otto Deluse, past grand president of the Eagles, not to recede from their 1930 platform stand and again to declare for old age pensions; while T. N. Taylor and Adolph Fritz, respectively president and secretary of the state federation of labor, urged them to continue in the fight for enlightened social legislation and again oppose the use of court injunctions in labor disputes, the “yellow dog” contract; and amend the workmen s compensation law.