Indianapolis Times, Volume 46, Number 108, Indianapolis, Marion County, 14 September 1934 — Page 3

SEPT. 14, 1934

LUTZ PREPARES STATE DEFENSE OF LIQUOR LAW

Statute Already Upheld on Two Occasions, He Points Out. Attorney-General Philip Lutz Jr. rfupared today to defend the con.ilutlonality of Indiana s liquor nrrol law, attacked in federal ourt yesterday by three out-of-tate breweries on charges that the tatute interferes with interstate orr.merce. While Mr. Lutz declared he had .ot as yet studied the present suit, e is convinced the control act does not violate any provision of' the ''tate or federal Constitutions. The law twice has been upheld by he courts, he asserted. The federal courts at South Bend upheld the constitutionality of the act and the fndiana supreme court also declared it valid. Mr Lutz said. Both rulings were made in a test suit brought by Abe Rosen, Lake county beer distributor. Three Breweries Test Law The test suit, brought by PremierPabst Sales Company, a Delaware corporation, the Joseph Schlitz Brewing Company, Milwaukee and Anheuser-Busch. Ins.. St. Louis, complains that the Indiana law invades the first article of the Constitution of the United States, which reserves the right to regulate interstate commerce to the congress. The suit charges discrimination between individuals, in violation of the Fourteenth amendment, in that the Indiana law grants wide discretionary powers to the excise director. permitting him to issue ten or less importing permits. According to the complaint, this provision allows a greater distribution of beer made in Indiana than imported beer. Discrimination Alleged It also is charged that the importer may sell imported beer only within his district, but Indiana-made beer may be sold anywhere in the state. The suit further charges that the out-state breweries are handicapped by the fact they have nothing to say in the matter of distribution of their products, being forced to deal only with the Indiana importers. Each out-state brewer is required to pay $5,000 to have its beer on sale in Indiana through importers, the present test suit charges. According to the complaint, the importers of the state had banded together and established a uniform contract which requires each out-of-ftate manufacturer to pay each importer SSOO in order to put his product into each of the ten districts. Kiley Firm Cited That Kiley Breweries. Inc., of Marion. Fourth, district importer, is affiliated with Kiley Brewing Company of the same city, which manufactures beer and sells it within the state, also is charged. This, according to the complaint, establishes an unreasonable restriction on imported beer in that area. The out-state brewers also attack the delegation of power to the state's excise director, on the ground such wide powers granted to an individual may invade property and personal rights. Columbus Girl Is Killed NORTH VERNON. Ind.. Sept. 14. —lnjuries suffered in an automobile accident near here yesterday were fatal to Miss Margaret Yeley, Columbus.

MATTRESS VALUES \ i\0 9 A Generous credit terms —No interest—No carrying charge \* ve^ed'Bdse ! .©e*® 8 C o^ otv "Wonder Rest" : sj?4S~~~ r- n KjrVTIF/UMH I • vr entilated \J) J f J \f)l • Extra Heavy Construction I Felted ~ I • Many Layers Felted Cotton. Colonial Meridian at Maryland

SHIP'S ENGINEER TELLS OF HIS ROLE IN DISASTER

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Awakened by the alarm. Eben S. Abbott, chief engineer of the liner Morro Castle, wandered around the vessel checking up on the fire instead of reporting to his post, he testified at the federal inquiry in New York. He's shown above in center, with hands clenched, as he told how. after a half hour, he entered a life boat in which thirty members of the crew and two passengers sought safety.

DEMOCRAT CANDIDATES ARE GUESTS AT PARTY 100 Hear Judge Kern and Other Tarty Leaders. Mr. and Mrs. Albert H. Losche were hosts to more than 500 Third ward Democrats last night at a garden party at their home, 3214 Sutherland avenue. Guests of honor included Superior Judge John W. Kern, Democratic candidate for mayor; Superior Judge Clarence E. Weir, seeking reelection; Criminal Judge Frank P. Baker. Herbert Bloemker, candidate for county surveyor, and Mrs. Nanette Dowd, city council candidate. Speakers in addition to the candidates were Mrs. John Bingham, county vice-chairman; James E. Deery, Twelfth district chairman; Mrs. Losche. district vice-chairman, and H. Nathan Swaim. former county chairman. RADICALISM ASSAILED BEFORE STENOTYPISTS School Instruction Urged as Offset by Deputy Examiner. Patriotic instruction in schools as a curb on radicalism was urged before members of the Associated Stenotypists of America here last night by Lawrence F Orr, state accounts board deputy examiner. “Patriotism instilled into the minds of school children,” Mr Orr said, “will prevent turning out from our schools intellectual highbrows with radical theories who, in their per oal egotism are certain they can mold a tetter governmental structure than we now’ have.” He predicted a place of greater importance for women in business and public life. Lightning Kills Hoosier By United Press SOUTH BEND. Ind., Sept. 14 Granvil Shirley. 38. living near Lakeville, was killed by lightning yesterday while milking a cow in his barn.

RILEY HOSPITAL TO CELEBRATE Poet’s Birth to Be Recalled Also on Institution’s 10th Anniversary. Subcommittees began work today on preparation of plans for the observance Oct. 7 of the tenth anniversary of James Whitcomb Riley Hospital for Children and the anniversary of the birth of Mr. Riley. Hugh McK. Landon, James W. Fesler and Dr. Carleton B. McCulloch were appointed to work with James W. Carr, association secretary. The combined ceremony will establish a precedent in that Mr. Riley's memory will be honored in a program at the hospital rather than at the Riley home on Lockerbie street. During the ceremonies a donors room, honoring the 40.000 individuals who made cash donations to the hospital, will be dedicated. The program committee hopes to bring back for the October ceremonies as many as possible of the prominent persons who attended the dedication in order that they may observe the progress that has been made. STEALS OFFICER'S GUN Youth Eludes Noblesville Police Chief in Scuffle. By Lnlti (I Press NOBLESVILLE, Ind.. Sept 14 Police Chief Ramsey today was searching for a youth who stole his gun and escaped in an automobile .with lowa license plates. The chief was escorting the youth to police headquarters for questioning when he broke loose. Ramsey's gun fell to the ground in the scuffle. The prisoner picked it up, ran to his parked car and escaped.

THE INDIANAPOLIS TIMES

OFFICERS ELECTED BY HOME BUILDERS’ CLASS Ralph VV. Smith Named Head of Church Group. New’ officers of the Christian Home Builders class oi the Emerson Baptist church were announced today. They are Ralph W. Smith, president; W H. Brown, vice-pres-ident; Mrs. Myrtle Haymaker, corresponding secretary; Mrs. Clara Von Wilier, recording secretary; Mrs. Bernice Smartz, treasurer; Mrs. H. E. Morrill, teacher, and the Rev. Albert E. King assistant teacher. The class is composed of young married couples. It will hold a masked Hallow’een party Oct. 26. NRA HERE TO STAY, HOKE TELLS 0, A, R. Chapter Names Delegates for State Parley. Permanence of the NRA or an organization like it, regardless ot what political party rules in Washington, was prophesied by Fred Hoke, state NRA compliance officer, at the meeting of the Caroline Scott Harrison chapter, Daughters of the American Revolution yesterday in observation of Constitution day. Delegates elected to represent the chapter at the annual state conference of the Indiana Society of the D. A. R. in Evansville Oct. 9. 10 and 11 included Mrs Charles F. Voyles, regent, and Mesdames Walter H. Green, James A. Sutherland. Bertram Day, H. A. Van Osdol, G. B. Taylor, Walter C. Marmon W. B. Rosetter, James L Gavin, W. C. Bartholomew and Frederick D. Stilz and Miss Julia Landers. Miss Mary Edith Foster, granddaughter of Mrs. Chapin C. Foster, unveiled a bronze plaque of Mrs. Foster.

POLAND UPSETS PARIS PLAN FOR DEFENSE PACT

Withdraws From Move to Set Up New ‘Locarno’ Agreement. By United Pres* PARIS, Sept. 14—The “second Locarno pact,” under which France and Russia hoped to bind seven nations representing more than 300,000,000 people in mutual defensive alliances to preserve peace, today appeared emaciated to a skeleton of the original scheme. Diplomatic quarters said Poland already has decided definitely not to adhere, thereby following Germany’s example. That leaves Esthonia. Latvia. Lithuania. Czechoslovakia. Russia and France. The three Baltic states made their adherence conditional on that of Poland and Germany. Interest now centers on the activities at Geneva of Louis Barthou, French foreign minister, because if France wishes to try to weld France. Russia and Czechoslovakia into a tripartite "eastern Locarno pact,” she is certain to encounter opposition from Sir John Simon. Br tish foreign secretary. When Barthou went to London last July. Britain gave her tacit approval to the "eastern Locarno.” provided it contained clauses giving guarantees of Germany's freedom from aggression. French Attitude Awaited Observers wait to see if France is prepared to risk British displeasure by concluding a treaty with the Soviets, which, while not an offensive arrangement, would arouse British suspicion. The British would not relish the prospect of seeing Soviet troops sent to French soil in events of aggression by an outside party against France. Furthermore, the British do not favor further encirclement of Germany by selective treaties. While the French realize there has been an important linking of the points of view of France and Britain on the question of self-de-fense against attack, it is believed the French government will not relinquish a definite defensive pact which would assure France of the powerful aid of Russia. Lithuania Voices Fears Reliable sources said today that Lithuania had voiced fears over the existence of a secret Polish-Ger-man treaty. Lithuania believes Poland has agreed to restore the disputed Danzig territory to Germany on condition that Poland receives another outlet to the sea—which Lithuanians believe to mean Memel. It was stated Poland’s announcement yesterday of her intention of disregarding the minority clauses of the Versailles treaty had increased fears in Lithuania of a hidden military clause in the Polish-German treaty. Lithuania considers Polands announcement shows she has become a champion ot the German thesis for revision of the war treaties, which would involve cession of the Polish corridor to the reich. Scientech Club to Meet Decription of the building of the aluminum floor of the Smithfield bridge at Pittsburgh will be given by E. S. Woodward of the Aluminum Company of America, at the luncheon of the Scientetch Club of Indianapolis Monday.

12 CITY STUDENTS WIN BUTLER SCHOLARSHIPS

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Eleanor Earle

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Jane Bosart

VISITS EUROPE’S FARMS

State Comparative Chief Finds No Rural Distress Abroad. Lack of distress on farms in European countries and the discovery of American youths working on farms in Denmark. Sweden and England was related today by L. H. Hull, general manager of the Indiana Farm Bureau Co-Operative Association, upon his return here from a European tour. H. C. Fledderjohn Jr., also affiliated with the local association, accompanied Mr. Hull. SCOUT CEREMONY SET Harold Lanham to Be Installed as Troop 3 Leader. Harold G. Lanham will be installed as scoutmaster of Boy Scout Troop 3 tomorrow following a supper to be given in the Irvington Presbyterian church, Johnson and Julian avenues. The troop also will pay a farewell tribute to H. F. Osier, its scoutmaster for the last six years. The Rev. John D. Ferguson, pastor of the church, will review Mr. Osier’s work as scoutmaster.

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Maynita Baumgart

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Horace Russell

Twelve Indianapolis high school graduates who intend to enter the teaching profession have been awarded scholarships at Butler university. They are Jane Bosart, Horace Russell, Jeanette Craig, Margaret Kendall and Lois Stevens, Technical high school; Eleanor Earle, Broad Ripple; Mattie B. Caldwell, Crispus Attucks; Maynita Baumgart and Thelma Lavrenz, Manual training; Eivessie Caudell, Washington, and Jean Knowlton and Elma Louise Ater, Shortridge. A thirteenth scholarship has been granted to Betty Daly. Montpelier, Ind. All the awards, excepting those to Mr. Russell and Miss Daly, provide full tuition for both semesters of the 1934-35 term. The group will register Tuesday. Young Republicans Elect Thomas C. Batchelor, attorney and secretary of the Indiana State Bar Association, has been appointed Marion county chairman of the Young Republicans. His appointment by the Republican state committee was on recommendation of Wayne G. Emmelman.

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DEAN DELIVERY PLDT IS FOILED AT COUNTY JAIL

Trusties Locked in Cells, Extra Guards Posted After Report. All Marion county jail trusties were locked up today and the cell blocks under armed guard while Sheriff Charles <Buck> Sumner and Ralph L. Hitch, chief deputy, investigated a reported plot to send firearms to prisoners A report that a jail deliver> plot was being planned reached Mr. Hitch early this morning ironi a civilian, who said weapons, intended to reach Edward < Foggy' Dean, on trial on charges of participation in the murder of Police Sergeant Lester Jones, were to be carried in the jail by two trusties. "My informant knew so many details of the plot than I am convinced such a plan had been made.” Mr. Hitch asserted. “The trusty system has been abolished, and probably will be for some time. We have the names of two trusties who are supposed to have participated in the ( plans," the chief deputy asserted. When the jail delivery plot was discovered, Mr. Hitch notified Sheriff Sumner, who immediately directed that extra guards be placed in cell boxes with machine guns. Earlier in the week, a deputy sheriff, examining a jar of strawberry preserves brought to the jail by a boy for a prisoner, discovered a quantity of explosives buried in the preserves. Chemists said there was enough explosive in the cellophane tube to wreck the jail. Orders were issued that hereafter Dean shall be taken to the courthouse for his trial through the tunnel connection with the jail.

TIGHE FACES BATTLE IN STEEL UNION POLL Liberats Are Bent on Unseating Veteran Labor Chief. Hy L niti <1 Press PITTSBURGH, Sept. 14.—Thousands of embittered rank-and-fi!ers will go to union polls tomorrow in a concerted drive to unhorse Michael F. Tighe, their 75-year-old general, who has headed the Amalgamated Associaition of Iron. Steel and Tin Workers for fifteen years. The man who is seeking Mr. Tighe's saddle—George J. Williams of Canonsburg, has campaigned for the presidency as a liberal, and has the backing of Earl J. Forbeck, McKeesport. militant crusader for strike action. Siam Council Resigns By Unit of Press BANGKOK, Siam. Sept. 14.—The state council resigned today because of its dissatisfaction with the ber restriction quota. The state council, under Siam’s new constitution, advises the king on executive matters.