Indianapolis Times, Volume 45, Number 13, Indianapolis, Marion County, 26 May 1933 — Page 32

PAGE 32

HIGHEST COURT DEFERS RULING ON KEG BREW Criminal Angle Is Center of Argument Before Supreme Justices. How criminal is the Indiana beer control law? This, it developed, is to be the chief point which the supreme court is asked to consider in the draught beer ca.se. It was brought forward Thursday afternoon by Lake county attorneys, appearing to oppose a writ of prohibition issued by the high court which thwarts an injunction from Lake superior court. The superior court order would permit sale of draught beer. They stressed the point that constitutionality of the law should await later appeals. The contention is that the attor-ney-general's petition, through which the temporary writ of prohibition was procured, did not state sufficient facts to demand such extraordinary action. They also contend that the beer control law' primarily is a regulatory and taxation measure and only incidentally criminal. Therefore, the case in the lower court, as decided by E. Miles Norton, judge pro tern., should be acted upon only through regular appeal and not through such direct and decisive manner as a writ of prohibition. This only should be resorted to

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in criminal cases where dire results would follow if regular appeal was awaited, they contended. This view was attacked by Herbert Patrick, deputy attorney-general, who handled the case for the state. He said that Norton's attempt to prevent arrest when draught beer was being sold was an effort to checkmate enforcement of a criminal statute and should be halted bymaking the writ of prohibition permanent. No immediate decision will be handed down by the supreme court. Each side will file briefs. The court can accept and rule on their points without dealing with constitutionality of the law. which is to be taken up on later appeals. Or can rule on the law’s constitutionality. Should the writ he made permanent, there will be no draught beer until final ruling cn the constitutionality. Should it be -dissolved. Councilman John Tinkely can sell draught beer at his East Chicago bar and the way' will be paved for Lapping kegs throughout the state. Only bottled beer now' is allowed under the Indiana law. In any event, tho question of draught beer or no draught beer will remain undecided until after the repeal election June 6, it appeared.

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CITY LICENSES FOR TRUCKS TO FACE BATTLE Validity of Ordinance Is Tested in Behalf of Four Operators. Validity and constitutionality of a city ordinance requiring commercial trucks to secure license plates in Indianapolis on the basis of tonnage, neared its first test today. A demurrer and briefs were filed on behalf of four truck operators for failure to have licenses in the court of Judge William H. SheafTer. The cases were continued to June 2 to give city attorneys time to reply to the briefs filed by attorneys for the Motor Truck Association of Indiana in behalf of the truckers. Efforts are being made by the association to organize and publicize the city ordinance requiring the license fee in order that it may be battled in higher courts of the state. C. W. Abraham, secretary of the

THE INDIANAPOLIS TRIES

association, headquarters 1127 Central avenue, points out that when the ordinance w'as passed about 1912 that autos and trucks w-ere not required to have state licenses, and aid not pay gasoline taxes as they do now. MODERATOR IS NAMED Presbyterian Church of tT. S. A. Elects at Meeting in Columbus, O. Bi/ United Fret* COLUMBUS. 0.. May 26. Dr. John McDowell. Baltimore minister, was elected moderator of the 145th general assembly of the Presbyterian church of the U. S. A. here late Thursday.

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37 STATE MINERS FACE RIOTCHARGES Men Released Without Bail to Wait Hearings. By United Pre** PRINCETON. Ind., May 26.—Released on their own recognizance, thirty-seven pickets from Somerville/ Francisco and Princeton today waived trial on charges of rioting. They were arrested after a clash with non-unior. workers at the Somerville co-operative mine, and

surrendered Thursday to Sheriff George Hitch. Judge A. Dale Eby of Gibson circuit court said the cases could rot be heard for thirty days because of the crowded calendar. He ordered the men released on their own recognizance because of the expense involved in placing them in jails. The prisoners were fed on the lawn Thursday because the local

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jail was too small to accommodate them. Marks Time for Ocean Hop. NEW YORK. May 26. Stephen Darius. Chicago aviator, marked time today at Floyd Bennett field, waiting for good weather for his projected flight to Lithuania. The weather map for the next twentyfour hours showed adverse conditions.

_MAY 26, 1933

Do Your Feet O I Bother You •—! See Dr. Scholl's $ Representative (Jk TVmnn.l rn ins tL“ , appliance nr rmn- 9 ••'!>' n.v.|.'d: ilm H yen "ill civ-n ••Xpert a.M •; .w A jBA the i■' of shoe w- :ir :"r lit cnif.irt. \ FREE FOOT TEST * * Seulean Shoe Store “FOOT COMFORT SERVICE - ’ 2214 Shelby St. DRexei 5491 £MCUI CIWjUli S&LC&UX, WETtUGEfMTOtI WITI *OBLfAi H $99.50 S2 Down I.exx Than ?.Vr a l— . i Rffrigrrator Ask to see the new SHELVADOR. which increases the capacity of the box about 50G. Shelves in the door for eggs butter, bacon and other small articles. Phone LI. 4281 and our representative will rail. MILLER Jewelry Cos., Inc. 21 NORTH MERIDIAN ST. WANTED—OLD GOLD for UNITED STATES MINT Old Watch Case*. Kins:*. licntal Work anil liisenrdeil Jewelry. WE I’AY HIGHEST PRICES WOLF SUSSMAN Inc. 239 W. WASH ST. NOW Riley 7373 I A FAMILY WASHING As Low As 51c PROGRESS "“JSSdX-