Indianapolis Times, Volume 45, Number 215, Indianapolis, Marion County, 17 January 1934 Edition 02 — Page 2

PAGE 2

STANDARD OIL MOVE RECALLS COURT VERDICT Tribunal Found Legislature Justified in Levying Chain Store Tax. BY DANIEL M. KIDNEY Time* Staff Writer Announcement of the Standard OH Company plan to close approximately 800 filling station* In Indiana Feb 1. directed attention today to the text of the recent supreme court decision holding the chain store tax law constitutional. The oil company manager. E. P. Galbreath. Indianapolis, blamed the Wholesale closing on the amended law which raised the fee for all ‘Stores" in chains exceeding twenty to *l5O. It was $25 when the law was upheld by the United States supreme court, but was boosted to $l5O by the 1933 legislature. This action was upheld by the state supreme court In what lawyers, who have studied the case, are terming “the mo6t revolutionary decision in the history of Indiana jurisprudence." Court’s Opinions Compared Where the United States supreme court decision set out that gradations of taxation are possible, providing they are not too discriminatory. the state high bench ruled that It is within the police powers to favor one type of business development as opposed to another. The opinion sets out that it is not the business of the court, but that of the legislature, to determine whether or not chain stores are inimical. To legislate accordingly is not unconstitutional, it holds. Indiana's first chain store tax law was upheld as Washington where appeal was taken by the grocerychain in the rame of Jackson vs. the State. The amended law was upheld in the state high court in a case dealing especially with filling stations.! called the Midwestern Petroleum Corporation vs. the State of Indiana. General Welfare Considered Oil dealers had contended that j filling stations were not stores, but this point was overruled in the appeal. Then the high court opinion goes j into the matter of chain merchan- ; dising and cites reasons why the! legislature may have considered it to the general welfare to impose \ heavier taxes upon chain stores. "The operation of a chain of stores certainly tends toward mo-! nopolizing merchandising." it sets out. “The legislature may- have believed that the rapid growth and efficient methods of chain operation presages the gradual elimination of the independent merchant and that each line of mercantile business will ultimately be controlled by a few a condition generally recognized as inimical to the public welfare. “If the state were to stand by and permit the elimination of the independent merchant and the accomplishment of practical monopoly. it might be confronted with (Teat difficulty in finding a remedy * Cheapness Not Chief Factor Admitting the possibility that chain stores may sell cheaper, the opinion continues: “Conceding this to be true, the question of whether the benefit outweighed the dangers of mo- ( nopoly and possibly higher ultimate j pices, is for the determination of the legislature and not for us.” The more independent status of the merchant owner as compared with the chain store employe is then pointed out. It is cited that the court has held •gainst the peddler and itinerant merchant to protect the independent store owner as taxpayer and citizen and that the same can be done when his existence is threatened by chain store competition. “It may be inevitable that the chain store will drive the small local merchant out of business.’’ the opinion concludes. “The legislature may have believed that his going will affect the welfare of the state, or its people, or its communities, and that it is desirable and important to the public welfare to protect him and. with that purpose in view, enacted this legislation." WIN BRIDGE TEAM TITLE Championship Goes to Four Led ByOswald Jacoby. Ay Oiffd Prfts NEW YORK. Jan. 17.—Howard! Bchenken. Michael Gottlieb. Oswald Jacoby and Richard L. Frey Jr.. winners of many bridge honors, today held the' team-of-four championship of the United States Bridge Association. They defeated Walter Malowan, Sidney Rusinow. Lee Langdon and Lester Bachner by 6.000 points In 120 boards

/mother! taker's THOSE HILL’S TABLETS) jaF- IoADDY TOOl^^y —' Actually Kills Colds in a Day couple eases away ache and pain. Fights off 0 HILTS COLD TABLETS and a cold germs. You feel like anew percoupie o< g!ass< >of plain water, now son in a jiffy ... and your cold goes ntrtr-v ** in a day. A cold is too serious to QUICK AND SURE. Because HILL’S trifle with. Get rid of it this PROVEN, lets at the root of the trouble and FASTER WAY. Ask any druggist does three things necessary to break for the genuine HILL’S CASup s cold. Banishes poisonous mat- CARA QUININE tablets in the atr from system. Checks fever and red tin bex.

FIGHTS GOLD ORDER

PHI *o**+%. ’wßm

Defying the federal government to seize her $3,000 in gold. Miss Edith M. Thomas. 45. (above) faces trial on a Denver jury indictment charging her with hoarding in violation of President Roosevelt's edict. Miss Thomas, the daughter of Charles S. Thomas, former United States senator from Colorado, will plead her own case, as her father is ill.

FORTUNE AGAIN CIVIC LEADER Reappointed Chairman of C. of C. Committee by Borinstein. Reappointment of William Fortune as chairman of the Chamber of Commerce civic affairs committee has been announced by President Louis J. Borinstein. Joe Rand Beckett was named vice-chairman. Committee members include: Roy E. Adams, L. B. Andrus. J. W. Atherton, Henry C. Atkins, Frederic M. Ayres. Ferd Bamickol, Charles L. Barry. Henry W. Bennett, Frank L. Binford. A. L. Block. R. C. Block. Arthur Born. William H. Book. Arthur V. Brown, Henry Bucher. Earl Buchanan, John Burke. E. L. Patrick, Niles Chapman. Charles W. Chase, F. C. Dailey, Stuart Dean, C. Curtis Duck. Samuel O. Dungan. Philip P. Efroymson, R. C. Elliott, Warren C. Fairbanks. F. M. Fauvre. Rabbi M. M. Feuerlicht, Frank B. Fowler. Fred C. Gardner. A. M. Glossbrenner. Talcott Powell. Fred Hoke, Arthur M. Hood. Henry H. Hornbrook, Thomas C. Howe, Emsley W. Johnson, Leroy J Keach, John R. Kinghan. Sol S. Kiser, Benjamin F. Lawrence, Irving W. Lemaux, Herman P. Lieber. Richard Lieber. Walter C. Marmcn, George J. Marott, Dr. Carleton B. McCulloch, Felix M. McWhirter. W. J. Mooney. Robert L. Moorhead, A. Kiefer Mayer, Howard S. Morse, M. L. Pernice, T. R. Ratcliff, Samuel E. Rauh. P. C. Reilly, Ernest C. Ropkey, P C. Rubush. A. G. Ruddell, Roy C. Shaneberger, Timothy P. Sexton. John N. Shannahan, Charles B. Sommers, Frank H. Sparks, Elmer W. Stout, Mayor Reginald H. Sullivan, Franklin Vonnegut, Guy A. Wainwright, D. E. Watson, John R. Welch, C. E. Whitehill, G. M. Williams and Louis Wolf. The highest and lowest points in the United States are in the same county. Inyo county. Cal.; they are Mount Whitney. 14,501 feet above sea level, and Death valley, 276 feet below sea level.

LOW ROUND TRIP COACN FARES NEXT SATURDAY CLEVELAND $4.50 Leave 10:00 p. m. or 10:30 p. m. Return on any train until 3:00 a. m. MonDETROIT $4.50 TOLEDO $4,00 I.eave 10:00 p. m. Return on any train Sunday. NEXT SUNDAY ’ ST. LOUIS $4.50 Leave 13:3.1 a. m.. 3:43 a. m. or 8:15 a. ii. Return on any train same day. CINCINNATI $2.50 QREENSBURG $1.25 SKELBYVILLE $ .75 I. ave 1:43 a. m. Return on any train same day. LOW ROUND TRIP 30-DAY FARES To New York and Boston and other Atlantic Seaboard points. Each Tuesday and Saturday during January and February. GOOD IN PULLMAN CARS BIGFOUR ROUTE

I Save! Thursday Vogue Says: in Our Sleeves Are Appearing in Infants' * Jj® PRI N T • Outfitting fjlj I Ayres Downstairs Store Says: SALE spring dresses—in black, I OUTING Gowns, kimo- RUBBER Sheets for COTTON LISLE Hose. n3Vy Or brOWn With COOnos or gertrudes In plain “his” bed. Size 27x36 First quality in soft troclinn mrintorl c APVPQ V white or trimmed with inches. Eyelet at the white cotton lisle. 1Q TiaSiiny pnillcvj OICCVCO. pink or blue. Cel- 1 A corners for ease 1 A Full Layette, size. v (MR 1 lophane wrapped IDC in handling .. 17C WOOL Binders, jjF ’V v C I I RECEIVING Blankets, Xcles Closeiy stitch mixed with cotton and £ JMfc Q S pig <=<>?" j P wl °wh te ed, 4 Cot- rayon for long wear. Tie .7 from soft cotton. Special at 19c at this price .... iSC Y\arm as IU/. Dresses for It’s foretold in the book of fashion that clever women ; cu; 7 °°<£ t f n are going to break into PRINT between now and spring. 'ff INFANTS’ Shirts, made 3 S.Piprp infants. Set-in sleeves, Xhe s fashionable dresses pictured here show why M from fine quality cotton some are collar trimmed. smart women are trekking to Ayres Downstairs Store in I CMm and rayon. Double LflV&Tr6 Specially yQ/* preparation for this gala occasion. They have those If [W breasted, tie style, 1 A # v w priced at ne w print sleeves or bright scarf sleeves, that everybody L gjl long sleeve tt C INFANTS’ HOSE, finest is raving about on dark navy, brown or black skirts. In <• jPB INFANTS’ Booties of quality rayon and wool your size whether you wear Women’s, Misses’ or material. Short or half 3 4u in oft Other Women’s Frocks, $8.95 and $10.95 Jength. whiS, p2r”.... Z9C Thursday For Economy s Sake*“Choose and Friday Number 5 Cloth ° NLY! . January Rayon Lingerie j New The WEARS! 'A 1 0* • • Panties* /"If ' \ Spring 09 c -Sr 5 \ A I*3 t C When you buy our No. 5 Cloth rayon lingerie | M' \ Choose From / you get style, plus perfect fit, plus long wear. , J / \ a Large Group They’re made from the best of rayon that is *L/ / of Higher Priced f i almost run-resisting to give longer wear. Ex- % / XEW Hats at — 1 * wT pertly cut and tailored to insure perfect fit. Bar tacked seams, elastic at waist and at knee to i*. *r dgh give you the style you like. Flesh or tearose. You can choose your new spring hat from i 6 *- A M a group of beguiling beauties that will /Sp y< J . I ■ft J \ make all the headline news. Your favorite rT / v A / \C" g (V' \ color and material in Off-the-Face styles, &r * mMts r 4 / y I Pill boxes. Brims. Breton sailors, sailors and draped turbans. All headsizes up to 1 24 inches. \ \ | \ J*' Straw Basheera Silk ( repes # I These attractive gowns are hand embroidered '/ Crvstaline Cellophane and appliqned. Tucks at waist and ties, with V g CockUU Cloth Pedellne /• j S£ “ ATSS Stt IgA. j —Dwwuin at An** *'•' ■ J —Dowanaln at An**

THE INDIANAPOLIS TIMES

JAN. 17, 1934