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

PAGE 2

STANDARD OIL MOVE RECALLS COURT VERDICT Tribunal Found Legislature Justified in Levying Chain Store Tax. BY DANIEL M KIDNEY Tmrn SUIT Writer Announcement of the Standard Oil Company plan to close approximately 800 filling stations 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 “•tores" in chains exceeding twenty to $l5O. It was $25 when the law was upheld by the United States supreme court, but was boosted to $1.50 by the 1933 legislature This action was upheld by the state supreme court In what lawyers, wha have studied the case, are terming “the most 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 Dot the business of the court, but that of the legislature, to determine whether or not chain stores are inimical. To legislate accordingly is Dot unconstitutional, it holds Indiana's first chain store tax law %as upheld ai Washington where appeal was taken by the grocery chain in the ivame 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 filling stations were not stores, but this point was overruled in the appeal. Then the high court opinion goes into the matter of chain merchandising and cites reasons why the legislature may have considered it to the general welfare to impose heavier taxes upon chain stores. “The operation o( a chain of stores certainly tends toward monopolizing merchandising," it sets out. “The legislature may 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. “Ii the state wore to stand by nd ;>ermit the elimination of the Independent merchant and the accomplishment of practical monopoly, it might be confronted with great 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 monopoly and possibly higher ultimate prices, is for the determination of the legislature and not for us.” The more independent status of Ihe merchant owner as compared with the chain store employe is then pointed out. It is cited that the court has held fcgainst the peddler and itinerant merchant to protect the independent store owner as taxpayer And citizen and that the same can 'ne 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, pr its people, or its communities, fend 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 By Oswald Jacoby. Py United Prns NEW YORK. Jan. 17—Howard Bchenken. Michael Gottlieb. Oswald Jacoby and Richard L. Fiey Jr., winner* of many bridge honors, today held the team-of-four championship of the United States Bridge Association. They defeated Walter Malowan. Sidney Ruanow. Lee Langdon and Lester Bachner •by 6.000 points in 120 boards

/mother! TAKE A ->w THOSE HILL’S TABLETS! fiffl F- dpAODY Actually Kills Colds in a Day ™*i? couple eases away ache and pain. Fights off TABLETS and a cold germs. You feel like anew per-§-j*sses of plain water, now son in a jiffy ... and your cold goes **) vm° r , ICL „* ®°^ d * >s in a dav. A cold is too serious to QUICK AND SURE. Because HILL’S trifle with. Get rid of it this PROVEN, gets at the root of the trouble and FASTER WAY. Ask any druggist ®°e three things necessary to break for the genuine HILL'S CASup a cold. Banishes poisonous mat- CARA QUININE tablets in tbs ter from system. Checks fevpr and red tin box.

FIGHTS GOLD ORDER

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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. Heriry 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. Marmon, 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, F. 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. Whitehall, G. M. Williams and Louis Wolf. The highest and lowest points in the United States a*e 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 COACH FARES NEXT SATURDAY CLEVELAND $4.50 l.rat, 10:(MI p. m. or 10:50 p. m. Return on any train until 3:00 a. m. Montlay, DETROIT $4.50 TOLEDO $4.00 Urarr 10:00 p. m. Return on any train Sunday. NEXT SUNDAY ST. LOUIS $4.50. I.rate 1!:35 a. m., 2:43 a. m. nr S:IS a. tn. Kettirn on any train '.ame day. CINCINNATI $2.50 SREENSBURG $1.25 SHELBYVILLE $ .75 Lrave 7:48 a. m. Return on any train •tame day. LOW ROUND TRIP 30-DAY FARES To New Turk and Bo.ton and other Atlantic Seaboard point*. Each Tue.day and Saturday during January and February. GOOD IN PULLMAN CARS BIG FOUR ROUTE

I SAVE! Thursday Vogue Says: in Our / jat Sleeves Are Appearing in Infants' M. * # PRINT & OUTTITTing Ayres Downstairs Store Says: q "You'll find scores, of new OUTING Gowns, kimo- RUBBER Sheets for COTTON LISLE Hose. n3Vy Or brOWn with COfl- i|Jjj nos or gertrudes In plain “his” bed. Size 27x36 First quality in soft fi-r*ctirNrintft/J cUdVPC Millttil W white or trimmed with inches. Eyelet at the white cotton lisle. 1 Q TiclsTiny pNNIteU oICCVCj. Ii i ., %r' T pink or blue. Cel- 19c co Tiers for ease 19c Small sizes IvC I , RE( a FTviNG Pe ßlanket S , QUOTED Pads size 17x A C Jd, 1 very S 'absorbe J nt'. t Cot- SAtt )A.V 3 1 -R SrLm"soft cotton! £* Jjfc 19c 1C NAINSOOK Dresses for It’s foretold in the hook of fashion that clever women if ' V 1 in sleeves are going to break into PRINT between now and spring. * INFANTS Shirts, made 35-PieCe oi-P collar trimmed* The three fashionable dresses pictured here show why c M from fine quality cotton some are collar • smart women are trekking to Ayres Downstairs Store in if ** C JHH f n J 6 L3VGttfi Specially 9Qn preparation for this gala occasion. They have those breasted, tie stjde, 1 Qy* " priced anew print sleeves or bright scarf sleeves, that everybody oj| longslee\e I v *P -* INFANTS’ HOSE, finest is raving about on dark navy, brown or black skirts. In JffiA iPili INFANTS’ Booties of quality rayon and wool your size whether you wear Women’s, Misses’ or rLui, FNdw sun Thursday For Economy's Sake—Choose and Friday Number K Cloth ONLY! ** January Rayon Lingerie NeW The ancTWEARS! ' Spring 69 c a t S when y° u buv our 5 c,oth ra > on ,in s erie \ \ Choose From y / ® ® y OU e t style, plus perfect fit, plus long wear. ~ a / / a Large Group f t ■% * They’re made from the best of rayon that is * M,""- iL/ / of Higher Priced t A almost run-resisting to give longer wear. ExSEW Hats at — fJT pertly cut and tailored to insure perfect fit. Bar i Wr tacked seams, elastic at waist and at knee to ** fCfa %\ • give you the style you like. Flesh or tearose. w. m 0m p, Sizes 34 to 42. NW* m You can choose your new spring hat from %A K & / /l ▼ - \ \ N. a group of beguiling beauties that w;ill /J&f } &W?' R m l M Vv \ make all the headline news. Your favorite / /' Jr? \p ▼ ▼ I / / color and material in Off-the-Face styles, Ww&rfjli \fi i / y Pill boxes, Brims, Breton sailors, sailors >Ss *<w * 1 and draped turbans. All headsizes up to 1 “““ La a 79c iM^Lf Straw Bagheera Silk Crepes J The- attnetlve gown, are hand embroidered \w Crystaline Cellophane and appUqned. Tucks at waist and tie*, with V k| Wfyk V Cocktail Cloth Pedeline V x ' or ronnd necks trimmed tn oontra.rting \ \ V y j i ‘ Colon la flesh, peach or white, gtse. IS to 30. . , V . il —Downstairs .1 Ayres. ■ \ . A —Downstairs at Ayres. B-. X'/ -' ~ -

THE INDIANAPOLIS TIMES

JAN. 17, 1934