Indianapolis Times, Volume 46, Number 236, Indianapolis, Marion County, 11 February 1935 — Page 3

FEB. 11, 1935

EVANS - KLEN EASEMENT BILL THREATENS TO THROW INDIANA HIGHWAY SYSTEM INTO CHAOS Measure Passed by House Voids Grants Unless Recorded Within Six Months; Individuals and Industry to Suffer. BV JAMES DOSS Timn Staff Writer The Stale Highway Commission, many private industries, ai.d innumerable individuals virtually would be ruined by the Evans-Klen bill which has been passed in the House of Representatives, it was learned today. The bill’s effect would l>e to void all grants of easements or servitudes, unless they are recorded within six months of passage of the act. So broad is the effect of the bill, which was passed by the House 87 to 1, that it would affect such easement grants as: Public highways, public streets, railroad rights-of-way, telephone and telegraph lines, power lines, interurban lines, pipelines, fhod gates, private rights-ol'-way, party walls,

flood rights for power and other dams, supports of buildings, water rights, drainage rights and ditches. Effect on the State Highway Commission would be a flood of claims for all casements obtained since 1919. if the highway commission couldn’t find the grants for recording. During its IS years of exiitence, the highway department has purrha -ed many grants of right -olway upon which state roads ha*e been built and which now are in Grants of Easem* m The grants are grants of casement and never have been recorded because the state's possession is visible and unquestioned. It would be difficult to locate many of these grants, according to highway commission officials. If the Evans-Klen bill is no*, killed in the Senate, the state would lose all easements where the grants could not be located for recording. Another difficulty which would throw the highway system into confusion is the fact that many state roads have been built over what were county highways. The state has no grants lor right-of-way of such highways and it would be impossible to find them. Called -Recorders’ Grab” experts, who have studied the bill, assert there is no excuse for it, except to allow landowners to receive compensation for what already has been paid for. Members of Senate Judiciary A committee have been supplied with a digest pointing out the possible effects, if the Senate does not serve as a safeguard against what is termed by many as a “recorders’ grab.” The measure, introduced by Rep. H. H. Newcastle. Republican caucus chairman, and Rep. Joseph Klen 'D.. Whiting), was passed Jan. 31.

Tax Bills Proposed Switch of the brunt of taxation from suburban and farm communities to a sharp increase for residents of cities and towns was forecast today if bills sponsored by allied taxpayers’ organizations pass the General Assembly. Bills which Indiana Taxpayers’ Association says would affect city residents are a 2 per cent consumers' sales tax. revision of the gross income tax. removal of the emergency clause from the tax rate limitation law. abolition of the state tax levy, payment by the state of the minimum salaries to teachers, and increase of the intangibles tax 100 per cent. The measures are backed by the Associated Retailers of Indiana, the Indiana Farm Bureau. Inc., the Indiana Wholesalers' Association, the Indiana Real Estate Association and the Indiana Association of Civic Organizations. Harry Miesse. taxpayers’ association secretary, said the program of thc.se groups ’evidently would mean a .-<harp increase in the total taxes collected.'' Landscaping Project Plans for 18 roadside improvement projects are being completed for the spring planting season, it was announced today by James D. Adams. State Highway Commission chairman. Trees and shrubs are to be planted only on highways where additional right-of-way has been obtained and shoulders widened. Addresses ‘Packed Jury’ The highly controversial state NRA bill, which comes up in the Indiana Senate this week, was productive of the ’ best crack of the week’’ after it left the House. Rep. Joseph Andrew *R.. Lafayette! made a bitter speech in the lower chamber against the NRA measure. His oratory caused a great deal of comment. The joint legislative investigating committee was ready to resume its

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probe into natural gas conditions. Rep. Andrew, an attorney, is a member of the committee. All of the other five members are attorneys too, except Senator E Curtis White D.. Indianapolis) and Senator White will admit, if pressed, that he knows more about law than a great many lawyers. ’That was a great speech you made on NRA,” someone volunteered to Rep. Andrew while the committee waited on the first gas witness. “Yes, it was,” chimed in others. “Anyway,” said Rep. Andrew, “it was like making an address to a packed jury.” Even the Democrats had to laugh. Substitute Juryman Trial juries in this state would have one substitute juryman if a bill introduced in the House today by Rep. Herbert H. Evans iR., Newcastle) becomes a law. The bill provides that a 13th juror to act in event one of the original jurors dies or is taken ill. This substitute would hear all of the testimony and would receive full pay. Private Ponds Barred Stocking of private ponds, gravel pits and other waters with fish from state hatcheries is prohibited, it was announced today by Virgil M. Simmons, state Conservation Commissioner. Because the fish are raised in hatcheries supported by public funds, all stocking must be in waters open to the public, Mr. Simmons ruled. At the same time Mr. Simmjns said work on the new hatchery at Pendleton is being pushed to permit use of the rearing ponds during the coming season. Gas Tax Study Organized motorists want the Senate to follow the lead of the House and pass a resolution authorizing the establishment of a commission to study gasoline tax distribution and traffic needs of the state, Todd Stoops. Hoosier Motor Club secretary’, said today. The resolution, introduced by Rep. F. G. Thompson (D.. Bluff ton) and Rep. Balthasar Hoffman <D., Valparaiso! was unanimouslypassed in the House Friday. “If this commission is set up it could co-ordinate the benefits of our state highway system for the good of the state as a whole rather than for the selfish interests of the separate communities.” Mr. Stoops said. OXFORD MOVEMENT IS TOPIC AT *Y’ LECTURE Adoption Would Cure Troubles of World, Says Speaker. “World peace may be made permanent and all problems solved through the Oxford Movement, Dr. Wesley H. Bransford, Anderson Methodist Episcopal Church pastor, declared yesterday at the Y. M. C. A. inter-racial Big Meeting at Keith's Theater. Dr. Bransford explained that the movement is not a creed or denomination, but “a movement designed to change the lives of men through the guidance of God.”

Indianapolis Tomorrow

Architectural Club, luncheon. Architects and Builders Building. Alpha Tau Omega, luncheon. Board of Trade. Gyro Club, luncheon. Spink-Arms. Indiana Shoe Travelers, all day, Clavpool. Interfratemity and Sorority Council. dinner, Clavpool. Mercator Club, luncheon, Columbia Club. Rotary Club, luncheon. Claypool. Universal Club, luncheon. Columbia Club.

Pinochle Is the Rage All Around the Town —and This Proves It

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Left to right, at card table, Fritz Schneider, Paul 11. Krauss, Edson T. Wood Jr., Dr. Edmund D. Clark, foreground. They’re off, here in the card room of the *Colombia Club, practicing for The Indianapolis Times championship pinochle tourney to be held Feb. 18 in the club’s ballroom.

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Left to right, Misses Jean Perk, 3540 N. Pennsylvania-st, and Margaret Reis, 21 Meridian-pl. —But here’s tea for tiro Junior Indac Club members in the Indianapolis Athletic Club that has only one marriage in mind and that of the pinochle variety.

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Left to righf, Joe Ilelly, Verlyn Parker, center, and Herman Blume, city firemen at Headquarters Engine House. —While here is where Kibitzer Parker, pinochle champ of the fire laddies, is going to have a close shave unless he keeps his brush and mug out of the game of these tourney tyros.

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Left to right. John B. Dunne. 5526 E. Michigan-st, and Dick Fapenguth, Indianapolis Athletic Club’s director of athletics. —And just to bare two more prospective entrants in The Times pinochle tilt the photographer caught Mr. Dunne, member of the club's Polar Bears, and Dick, his trainer, sunbathing with Queens and Jacks atop the I. .4. C. building within sight of the World IVar memorial.

THE INDIANAPOLIS TIMES

KILLING ‘INSIDE JOB,' BRUNO'S CRIES Reilly Makes Impassioned Plea for Lindbergh Kidnap Suspect, (Continued From Page One)

jury rail and shaking his finger at the jurors to emphasize his points, reviewed, in chronological sequence, the events of March 1, 1932, when nursemaid Betty Gow discovered the empty cradle and Col. Lindbergh said to his wife, shocked and hurt. “Anne, they have stolen our baby.” He recited the subsequent operators of the police, culminating in the finding of the body of the infant and emphasized the state's contention that “the child died almost instantaneously,” when the ladder down which the kidnaper was descending, broke and precipitated both figures to the ground. “I watched you people sworn in on this jury, said Mr. Hauck. “As prosecutor, I am going to ask that you do your duty, as I have tried to do mine. And when the oratory of Mr. Reilly is ended I want you to remember that it is your duty to weigh the evidence—that the responsibility of the State of New Jersey has ended and it has become your responsibility. “I want you to remember, above all, that we have proved conclusively that Bruno Richard Hauptmann is the murderer of the Lindbergh baby.” Sows Seeds of Doubt Mr. Reilly was in his best forensic manner. His face flushed, his tone ranging from the very soft, as when he spoke of the Lindbergh family, to shouts of rage when he charged the state with writing “a scenario.” he used sarcasm, invective and logic to drive home the thought that others than Hauptmann committed the crime. Reilly was staking the life of his client upon his own oratory. Associate counsel revealed he had refused to ask Justice Trenchard to instruct the jury it could return verdicts of second degree murder or manslaughter. Mr. Reilly insists upon one of three verdicts, guilty of murder in the first degree (which would mean death), guilty of murder in first degree with a recommendation for mercy (life imprisonment), or acquittal. He said he was confident the verdict would be the latter. Justice Trenchard accepts suggestions from each side as to the form of his charge, but he is the final interpreter of the law. In order to admit the lesser verdicts of second degree murder or manslaughter, he must admit the possibility of the state not having proved a burglary. The state charges the baby was killed by Hauptmann while he was committing a burglary. It was not believed Justice Trenchard would compromise the bench to that possibility. Insinuations May Help Throughout his conduct of the case, it has been his sole purpose to inject sufficient doubt into the minds of the middle-class jurors to maxe them fearful of returning a capital verdict. Even his “shots in the dark” were calculated to sow suspicion, absurd though many of them were. His insinuations that the crime might have been committed by Henry (Red) Johnson and Betty Gow, that the late Violet Sharpe had a hand in it, that the government ‘ manufactured” the ladder evidence, that it “substituted fictitious characters for real criminals,” may have been torn to pieces by the cold logic of the state, but they may also have contributed to the hope for reasonable doubt. Mr. Reilly planned a bitter attack on the evidence of Dr. John F. Condon, the “Jafsie” who identified the Bronx carpenter as the extortioner who took Col. Charles A. Lindbergh’s $50,000 in St. Raymond’s cemetery. In doing it, he promised to plant the suggestion that Jafsie himself knew more about the Lindbergh crime than the state revealed.

FIRST POLICE FORCE HAD TWO MEMBERS, JUROR TELLS CHIEF

When the Marion County Grand Jury made its regular inspection of the City Prison, Frank W. McCready, a juror, got to discussing the Indianapolis police force with Chief Mike Morrissey. “You see,” he told the chief, “my grandfather, the late James S. McCready, was the first Democratic mayor of Indianapolis and, in 1854, organized the first police force. It had two members.” INDIANA SHOE BUYERS HOLD ANNUAL EXHIBIT Unusual Interest Taken in Display, Association Reports. The twelfth annual Indiana Shoe Buyers’ week, sponsored by the Indiana Shoe Travelers Association, opened yesterday in the Claypool with the most active day in five years, manufacturers reported today. Approximately 100 manufacturers have displays on the eighth floor of the Claypool. Buyers will be guests tonight at a stag party in the Hoosier Athletic Club. MASONS ARRANGE : ETE Christian Advocate Editor to Speak at Family Dinner. Dr. Orien W. F.fer, editor of the Christian Advocate, will speak at the annual family dinner of Ancient Landmarks Lodge, No. 319, Free and Accepted Masons, Washington's birthday, Feb. 22. The dinner will be followed by dancing, music and cards.

HIGH BLOOD PRESSURE Quick Relief, or You Only Pay When Satisfied. If you suffer from High Blood pressure, dizziness, ringing in the ears, can t sleep, feel weak and shakv. bad taste, nervous. If your heart pounds and you fear a paralytic stroke, to demonstrate the prescription. known as HYGO. I will have sent to you postpaid, a regular SI treatment on absolutely FREE TRIAL. While it is nonspecific, many cases report remarkably quick relief: often symptoms diminish and normal sleep returns within 3 days. Contains no salts, physics or dope. Safe with any diet. PAY NOTHING UNLESS GREATLY IMPROVED. Then send *l. Ii not your report cancels charge. Write Dr. S B. Hibbard, 508 D Coates, Kansas City, Mo.—Advt.

Editors Vow Fealty to Opposing Party Policies Democratic Group Indorses Roosevelt Course: G. 0. P. Demands Return to Conservative Path. Indiana Republican editors were on record today as being squarely behind the principles of their party, and Democratic editors were on record as being squarely behind theirs. Neither group gave quarter to the other’s ideas in resolutions adopted as the two associations closed their annual meetings here Saturday night. The Republicans resolved: “We must continue to protest against the flippant and defiant attitudes of state and national administrations

toward the Constitution, and toward such fundamentals as freedom the press, the right to express independent opinion, and the sanctity of contracts.” The Democrats resolved: “President Roosevelt is a leader whose Christian fortitude makes him brave in demanding that every individual be assured security, reasonable leisure and a decent living throughout life, extolling such a conception of duty as an ambition to be preferred to the appetite of great wealth and great power.” The Republicans resolved that a balanced budget, the gold standard and sound money are necessary to insure return to monetary integrity and business confidence. Minton Is Cheered Democrats cheered when Senator Sherman Minton (D., Ind.) said: “You didn't balance the budget during the war. You can’t do it now when you are fighting another war against the depression, which is just as big a job as the other war.” Republicans cheered when Senator L. J. Dickinson (R., la.) said: “There is no objection to improvements that will be of real benefit to society, but when the government goes into business competition with private concerns; when the government enters various fields and absorbs private interests, it is time to sound alarm.” The Democrats proposed President Roosevelt and Gov. Paul V, McNutt, who addressed them, as the 1936 presidential ticket. Officers Are Elected Democrats elevated William G. Minor, Cannelton, to the presidency of the association, to suceed Frank Finney, Martinsville. Scott W. Chambers, Newcastle, was named first vice president; Dean Barnhart, Goshen, second vice president; Jack Dolan, third vice president; George D. Crittenberger, Anderson, secretary, and E. C. Gorrell, Winamac, treasurer. Republicans elected Raymond H. Sellers, Franklin, president; Paul L. Maddock, Bloomfield, first vice president; George W. Stout, Lafayette, second vice president; Walter Crim, Salem, treasurer, and Neil McCallum, Batesville, secretary. Rollin Brodecker, Brownstown, was elected president of the Indiana Weekly Press Association at a meeting following that of the Hoosier State Press Association Saturday.

TECH NURSE SELECTS 9 PUPIL ASSISTANTS Girls Named After Finishing Red Cross Hygiene Course. Miss Rowena Harrison, Technical High School nurse, today announced selection of Jeanne Woodward, Eleanor Betterly, Irene Neel, Doris Schurman. Elizabeth Rugh, Ruth A. Tebbe, Mildred Robbins, Vivian Moyer and Audrey M. Sheerer as pupil assistants. All have completed the National Red Cross home hygiene course. DRY SKIM MILK USED BY RELIEF AGENCIES Information on Preparation Is Ecing Distributed. Information on the use of dry skim milk, which is to be given families on the relief rolls to supplement the use of whole milk, now is being distributed to county relief offices by Mrs. Areva Hadley, nutrition director for the Governor’s Commission on Unemployment Relief. Case workers have received instructions on the proper use of the dry skim milk, and will arrange exhibits and demonstrations in their counties.

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TESTIMONY BARRED

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Mrs. Bertha Hoff of Brooklyn, N. Y. (above), was prevented by Justice Trenchard’s ruling from testifying about bundles brought to her home by Isidor Fisch.

DELUSE ASSAILS TOWNSEND PLAN Raises False Hopes for Aged, Says Pioneer in Pension Work. Otto P. Deluse, an outstanding student of old-age pensions since 1921 as a member of the “brain trust” of the old-age pension campaign of the Fraternal Order of Eagles, today described the Townsend revolving old-age pension plan as “fantastic” and “utterly impossible to administer ” “There is no doubt,” he said, “that Dr. Townsend, his associates and the thousands of subscribers to his plan are actuated by humanitarian motives and are acting in good faith. “However, a study of old-age pension systems of many states in this country and those in foreign countries constrains me to say that in my judgment the Townsend plan is a fantastic theory which would be utterly impossible to administer. “It is estimated that a 30 to 35 , per cent sales tax would be required to finance the program. The proposition, therefore, is economically unsound and would throw our governmental structure into chaos. “With all due respect for the desires of the advocates of the plan, I hope that aged people will not build up any false hopes. A fair, reasonable pension is all that any one can expect from a benevolent government.” SPACE RESERVATIONS FOR HOME SHOW GAIN Last Year’s List to Be Doubled, Officials Declare. Space reservations for the Indianapolis Home Show, April 5 to 14. at the Manufacturer’s Building at the Indiana State Fairground this year will be more than twice what they were last, Robert L. Mason, director, announced today.

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MAJ. SHEPARD ACQUITTED IN WIFmEATH Retired Army Officer Is Cleared on Charges of Poisoning Mate. By Vnitrd Pregg TOPEKA, Kas.. Feb. 11.—Maj. Charles A. Shepard s five-year fight against murder charges growing out of the death of his wife. Zenana, ended successfully today in acquittal. A Federal Court jury returned a not guilty verdict to Judge Colin Neblett after 16 hours and 15 minutes of deliberation. It was Maj. Shepard's second trial on the same charges. The retired Army officer and his third wife. Mrs. Alice Watt Shepard. and her daughter. Mrs. Burr Cooper, were in the courtroom when the verdict was read. The defense maintained Mrs. Shepard's death was not caused by poison administered by the defendant; that if Mrs. Shepard received bichloride of mercury in fatal quantities she did so accidentally in a mouth wash. Some defense witnesses testified examinations of Mrs. Shepard's viscera revealed she was suffering from Vincent's angina at the time of her death. That Mrs. Shepard thought, often of suicide was related by defense witnesses, one of whom said Mrs. Shepard feared a form of insanity in her family was hereditary. Maj. Shepard testified Mrs. Shepard was an alcoholic, that she was intoxicated much of the time in their home, although he said she seldom drank more than one or two highballs in public. Several defense witnesses br.c ted up this testimony. Maj. Shepard said he first had noticed Mrs. Shepard's alleged fondness for alcoholic beverages when they were in the Philippines. He said he attempted unsuccessfully to break her of the habit.

NORTH SIDERS TO HEAR OF TOWNSEND PROGRAM Local Supporter to Address Clubs Tomorrow Night. E. J. Speake, state Townsend plan club manager, will address a meeting of the North Side Federation c.f Clubs at the Marott tomorrow night. The meeting will be in the nature of a forum open to the public, it was announced today by George Q. Bruce, federation president, who said the federation had taken no stand for or against the plan. FOUR CITY STUDENTS ENTER CINCINNATI U. Register for College of Engineering and Commerce. Four Indianapolis students have registered in the College of Engineering and Commerce, University of Cincinnati, for co-operative work. They are Charles T. Everett, 270 N. Thermont-st; William Harris Bruenig, 1318 N Talbot-st; Ellis F. King, 5821 Rawles-av, and James L. Kingburv, 5776 E. Michigan-st. HONORS TECH GRADUATE Scholastic Fraternity at Ohio State Elects William Feeman. William Feeman, who graduated from Technical High School in June, 1932, and who is now a freshman at Ohio State University, has been elected to Phi Eta Sigma, national freshman scholastic honorary society, it was announced today at the high school. Mr. Feeman was active in the R. O. T. C. while he attended Tech and held the position of corps colonel for all high school R. O. T. C. units in the city. He is the son of Mr. and Mrs. John H. Feeman, 331 N. Webster.