Indianapolis Times, Volume 45, Number 247, Indianapolis, Marion County, 23 February 1934 — Page 20

PAGE 20

INSURE BARRING OF U. S. COURT UTILITY^ACTION Passage of Johnson Bill Is Assured by Approval of President. BY HERBERT LITTLE Timet Special Writer WASHINGTON, Feb. 23 Open approval by President Roosevelt and Speaker Henry’ T. Ramey today virtually insured enactment at this session of the Johnson bill to bar federal courts from acting on—and delaying—utility rate cases decided by state regulatory commissions. Senator Hiram Johnson, author of the measure, plans to appear personally before the house judiciary committee Tuesday when hearings open on the bill. Arrangements are also being made for an array of witnesses representing the state commissions, which have been active in urging the measure. Chairman Hatton W. Summers of the committee has promised quick

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action on the bill and Bpeaker Rainey said he favored It and believed there would be no difficulty in obtaining a special rule for its early consideration. The President, citing the famous seven-year New York telephone case as an example of the need for this legislation, said he was very much in favor of removing federal court jurisdiction over purely intrastate matters of this nature. He recalled that in 1929 he asked the New York legislture to pass a resolution calling for such legislation. The bill, passed recently by the senate after two years of plugging bv Senator Johnson, divests federal courts of authority to intervene in utility rate cases on appeal from state commission orders, on the grounds of diversity of citizenship or violation of a clause of the federal Constitution. Holding companies or operating companies incorporated in other states for this very reason frequently claim diversity of citizenship in purely intrastate rate cases, according to the bill’s supporters. Under it. the companies still would have the right to appeal to state courts and from them to the United States supreme COU’t. The male Argus pheasant, when courting, displays its gorgeous plumage in a circular fan shape out in front for the female to see and admire.

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ANTI-LYNCH BILL DAMAGE CLAUSE IS IN DISPUTE Question Imposition of Penalty on Innocent Taxpayers. BY’ WALKER STONE Time* Staff Writer WASHINGTON, Feb. 23. Whether a country in which a lynching occurs should be required to pay damages—to the family of the victim—the Wagner-Costigan bil} specifies payment of SIO,OO0 —is the principal point of dispute in the senate subcommittee hearing on the proposed federal anti-lynching law. Senator William H. Dieterich <Dem., 111.) has pressed each witness favoring the bill to explain why it is necessary to impose “a penalty on innocent taxpayers.” Senator Frederick Van Nuys (Dem., Nev.) has questioned the constitutionality of the bill, but both he and Senator Dieterich indicated that they would support some kind of

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THE INDIANAPOLIS TIMES

federr.l legislation against lynchirg. Whole-hearted support of the bill a3 written was indicated by Senator Frederick Van Nuys (Dem.,! Ind.), chairman of the subcommittee, and Senator Hamilton F. Kean 'Rep., N. J.). Thus it is probable ! that an anti-lynching bill of some sort w’ill be reported to the senate j at this session. Proponents of the Wagner-Cos- i tigan bill answered Senator Dieterich's objection by saying that it has been a rule of international law for fifty years that the family of a per- j son killed lawlessly in a foreign * country is entitled to a cash token j from that country. They also argued that only by providing a ‘‘pecuniary motive” can j responsible taxpaying citizens of a community be provoked into active resistance against mob violence. “Let us make a lynching more expensive to a community than a trial,” said. Arthur Garfield Hays, counsel for the American Civil Liberties Union. The bill, which authorizes the federal government to step in when local and state authorities fail to perform their duty in protecting a prisoner from a lynch mob, provides also for a penalty of five years in prison and $5,000 fine for a local officer who fails to exercise due diligence, and from five years to life for a local officer w’ho conspires with or abets a mob. Arguments that the lynching

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before the law is causing them to turn a sympathetic ear to radical propaganda. City Man Injured by Auto Stepping in the path of an automobile driven by Harold H. Horn, 26.

,TEB. 23, 1935

of 2543 East Eighteenth street, Frank Jones, 62. of 1208 North Tibbs avenue, -uttered a broken knee cap. The accident occurred at Market and Pennsylvania streets. Mr. Jones was taken to city hospital.