Indianapolis Times, Volume 44, Number 101, Indianapolis, Marion County, 6 September 1932 — Page 12

PAGE 12

EAGLES CHIEFS' LAWYERS MOVE TO QUASH CASE Argument Is Adjourned in Hering-Mann Hearing by Government. Bit I nit ft] NEW YORK, Sept. 6.—Albert Ottinger and Arlen G. Swigger. counsel for Conrad H. Mann of Kansas City, and Frank E. Hering of South Bend, Ind., high executives of the Fraternal Order of Eagles, moved today before Federal Judge Patterson to quash the indictment against them charging violation of the antilottery law. At the request of the government, argument was adjourned to Monday. The defense, in its move to quash the first count of the indictment, which alleges the defendants participated in the operation of a lottery, held: That the count charges no offense against the federal laws. That the count fails to name the person or persons alleged “to have been caused to receive" the purported tickets, chances and interests in the so-called lottery. That the count does not apprise the defendants of the facts constituting the ofTense they are charged with committing. Hold Statute Illegal That it charges an offense against a statute which the defense holds to be unconstitutional. That the allegations of the count are so vague that after judgment in the present case the defendants would not be protected against a subsequent prosecution. As to the second or conspiracy count, the motion to quash charges that it fails to set forth Ihe "historical details" of the alleged conspiracy clearly and definitely, or to assign to the defendants and their respective parts in it. "From a legal standpoint,” the attorneys said in a statement, “the indictment is of a highly technical nature, involving as it does certain phases of a complex and moot federal lottery law, and in no sense carrying any implication or suspicion of moral turpitude.”

Hcring Career Reviewed Career of Hering and his contribution to public welfare through having the Eagles espouse the oldage pension movement is reviewed. He is described as scholar, editor, lecturer and philanthropist. Regarding Mann, president of the Kansas City (Mo.) Chamber of Commerce, the statement quotes an editorial from The Star of that city, characterizing him as “Kansas City’s most valuable citizen.” Credit for increasing the membership of the Eagles from 100,000 to approximately 600.000 is given the pair. Due to the depression in business, it is declared, the order faced a grave situation two years ago in efforts to keep its finances at a point .where it could continue payment of sick and death benefits to members. Ticket Plan Adopted Mann accepted the offer of a promotion concern which had raised money for other organzations, and in 1930, the ticket selling plan, the basis for the indictment, was begun, ending in June, 1932, when $75,000 was distributed. During the campaign, merchandise said to have a retail value of millions of dollars, also was distributed. Mann’s credit was used to underwrite the campaign. As recompense, a contract was signed whereby he would receive 50 per cent of any profits. Both accused men, it is asserted, “made every possible inquiry into the legality and propriety of the proposals.” “And, finally,” the statement concludes, “an analysis of their association with an enterprise which they believed not only legal, but of extreme benefit to the order they so faithfully have served, definitely convinces us that on its merits alone any government action against them will, as it should, completely fail.”

BRING KILLER SUSPECT TO FACE MUNCIE QUIZ Alleged “Trigger Man” in Police Murder Taken in South. I!ji Times Special MUNCIE. Ind.. Sept. 6.—Police Chief Prank Massey was to return home today from New Orleans, La., with Frederick Wildeman. alias Prince, alleged “trigger man” in the slaying of patrolman James Ovid McCracken. Wildeman was the fourth man implicated in the fatal holdup to be apprehended. Edward Luker and Donald Rohr, both of Indianapolis, face trial in circuit court, while Russell Ijames is in jail in Springfield, O. McCracken wan slain when accompanying two theater employes to a bank with the day’s receipts. Pushmobile Race Closes Fete Raymond Edward, 8. won the five- | mile headliner pushmobile race Sunday in the final day's program in the dedication of the new Coleman park. William Downey was second: Billie Demering. third, and i Norman Wade, fourth.

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School Days Start Again

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Upper—Marylane wanted to go to school, but she’s not 6, and must wait until January. Her mother, Mrs. Earl Green, 833 North New Jersey street, had a hard time convincing Marylane that she couldn't enter Benjamin Harrison school. Lower (left to right)—Charles Timothy Ellis, 6. of 736 Ft. Wayne avenue, gets a course in pre-classroom instruction from schoolmates. They are Willard Holbrook, 904 1 i Ft. Wayne avenue; Robert Mehl. 927 East St. Joseph street, and Richard Nichols, 824 North East street.

MOTHERS scrubbed ears and pinned down locks of hair that have been unruly all summer, today as 60.000 of Indianapolis’ future generation trooped to public school rooms in all parts of the city. Ranging in age from 6—the primary pupils of the grades—to 16—the seniors of high school —children again were back at the daily grind of learning. Parochial schools, with several

BALM SUIT APPEARANCE IS FILED FOR JORDAN Capitalist Takes Cognizance of $1,000,000 Case in Local Court. Arthur Jordan, Indianapolis capitalist, today took cognizance of a million dollar breach of promise suit when his attorney. Emsley W. Johnson, entered an appearance in superior court four. The suit was filed July 8, by Mrs. Margaret E. Melter, former Goshen rooming house proprietor, who alleges that on Oct. 31, 1931. Jordan stated he would not keep good his promise to make her his wife. Jordan and Mrs. Alice B. Clarke, a teacher, were married a week ago at her home. 5155 Central avenue. It was anounced they would go to Atlantic City, N. J„ for a honeymoon and would reside in New York.

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thousand pupils, also returned to schedules.

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THE INDIANAPOLIS TIMES

ILLINOIS ‘REBEL’ MINER UNION ASKSJMRACT Seeks to Reopen Shafts by Agreement Under Old $6.10 Wage Scale. Bn United Prr ** GILLESPIE, 111., Sept. 6.—Seeking contracts on the basis of the old basic wage scale of $6.10 a day, members of the policy committee of the newly organized Progressive Miners of America today prepared to open negotiations with independent coal operators in various parts of the state. One mine, the old Taylor at Springfield, reopened today under the old scale, giving employment to approximately sixty men. The mine had been idle since shortly after the new $5 day basic wage scale for the Illinois district union was signed a month ago. Meet to Draft Constitution Members of the executive committee of the new union met to draft a constitution and wage contract blanks. Claude Pearcy Gillespie, president, announced that “certain allowances" may be made operators in specified instances to permit immediate resumption of work where such is found absolutely essential.’’ Pearcy was elected president of the union at the closing session of a three-day convention of miners here last week. T. L. Jones, Taylorville, was elected vice-president, and William Belleville, secretary-treasurer. The convention voted to hold a constitutional convention at Gillespie on Oct. 3. Lewis Sees “Early Failure” Simultaneous with the closing of the convention, John L. Lewis, president of the United Mine Workers of America, issued a statement at Springfield in which he condemned leaders in the new organization and predicted its “early failure." He declared that members participating in the new union would lose their membership in the United Mine Workers of America. In answer to Lewis’ statement, officials of the new union, declared that their organization comprised 90 per cent of the miners in Illinois, and predicted that the United Mine Workers of America would cease to exist as far as Illinois miners were concerned.

ART SAYS:

. .Now that the holiday is over we can get back to work and rest up. a a a Mayor Walker will leave the decision of his guilt or innocence up to the public. He is leaving them something, if only a decision.

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ART ROSE

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Dies in 50-Foot Plunge SOUTH BEND, Ind., Sept. 6. Phillip H. Hopper, 37, South Bend.

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Building and Loan Associations An Indianapolis Industry t It has assets of $110,800,000. It has stock in force amounting to $202,764,735. It has a total capitalization of $289,400,000. f Th non-fluctuation of % This industry consists of the fifty-eight building I makes them one of the i and j oan associations in Marion County. It is an E highest types of invest- 3 | ment in the country to- 1 industry which has proved its importance to this 3 city for over half a century. / THE MARION COUNTY —Jeague of BUILDING & LOAN ASSOCIATIONS Copyright. 1932. A. V. Grindle, Indianapolis, Ind.

was killed when he drove his auto through a bridge rail, and plunged fifty feet into a gravel pit.

Kroger Grocery Is Looted Fifty pounds of sugar and an undetermined quanity of cigarets were

SEPT. 6, 1932

obtained early today by burglars at a Kroger grocery at 625 Indiana avenue.