Indianapolis Times, Volume 47, Number 208, Indianapolis, Marion County, 8 November 1935 — Page 1

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80,000 THRILLED AS KERNEL CLASSIC GETS UNDER WAY 18 Huskers From 9 States Leap Into Action at 12th National Contest as Spectators Overwhelm ‘Cob Corner/ 500 FETE ‘THE KING’ AT BANQUET Secretary Wallace Assumes Top Charge of Great Event; One Entrant ‘Celebrates’ by Becoming Bridegroom. BV JOHN THOMPSON Times Staff Writer “COB CORNER,” Jnd. (NEWTOWN), Nov. B.—Eighty thousand persons took a hitch in the corn belt at noon today, held their breath, and heard the report of the gun that sent 18 huskers into an 80-minute fray from which one will emerge national champion. The contestants represented nine corn belt states, and a considerable portion of the corn belt population was collected around the field of the Leslie K. Mitchells in Fountain County, 10 miles from here, to watch the affair.

Henry Wallace, Secretary of Agriculture, arrived at noon to he the guest of honor at the contest he initiated back in 1924. Last night, at the Attica High School gymnasium, more than 500 persons attended a banquet in honor of the brawny huskers and paid tribute to King Corn, the ‘‘fodder” of this part of the country. On the menu were chicken, gravy and—corn toss the cob). Ralko's Stork Ascends The stock of Ted Balko, defending national champion from Minnesota, was up today when.it was announced he had been married just after the Minnesota state contest last, week. Blushing behind a coal of Minnesota wind burn, all Mr. Balko had to say was: ‘ Shucks, I didn't know you were going to tell them that.” Indiana contestants are Lawrence Pitzer, Fountain County, w'ho is four-time state champion, and William Fields, White County, this year's state runner-up. Davis Banquet Speaker One of the speakers at last night's banquet was Chester C. Davis, AAA Administrator. Also on the program were Attica’s Mayor, Charles AEviston; Floyd Keepers, Prairie Farmer representative; Burridge D. Butler, Prairie Farmer publisher; Lieut. Gov. M. Clifford Townsend; Mrs. Virginia Jenckes, Indiana member of Congress; Pleas Greenlee, Gov. McNutt's patronage secretary; Bill Dripps, National Broadcasting Cos. representative, and the 17 huskers who are to compete in today’s contest for the corn-peeling championship of the United States. Among those introduced were Elmer Carlson. lowa husker who last week set a record by husking 401 bushels in 80 minutes in the state contest. D. H. Hendrix came in late with his fellow low'an, Mr. Carlson, after the two had spent some time gibing local merchants about the husking contest. Never in the contest before are Paul Hockett and Oscar Nelson. Nebraskans. From Kansas comes Lawrence House, husky farm boy, who last year raised 27,100 bushels of corn on his own farm. With him is Cecil Vimng, who has consumed ‘‘about, a peck of apples” since he got in town, according to his partner. Layton Roberts, Missouri's entrant in the contest, revealed last night that his wife had threatened to bring divorce precodings if he didn't get in the 'money" today. Tented City Arises A small tent city has sprv over night, at the contest field, located on the Leslie Mitchell farm. About 40 tents house eating establishments and farm machinery exhibits. Speed, skill and stamina are required of the shuckers in this popular outdoor past-time. The winner must pitch approximately me ear of corn completely de-husked against the bank-board of his wagon, every second. One ear left on counts three against him in the final tally. Coaching from the furrow is not allowed. Time outs are unheard of. The husk left on the ears also are weighed and subtracted from the total weight of the contestants' 80minute haul. Last night found Attica, closest “city” to the contest field, in a state of wild excitement Hotels were crowded to overflowing. I slept under somebody rises bed for $3. The streets were jammed with people who had come for miles to see the cob-tossers battle. Sheriff Frank Youngblood had sworn in additional deputies to handle traffic problems. All anybody talked about was corn. Corn on the cob, off the cob, little-grained corn, big ears and little ears. A considerable amount of the liquid variety passed across quaint Attica bars. WINS $7500 DAMAGES Wabash County Farmer Brought Suit for Auto Injuries. H<i I mil and ft'ta WARSAW, Ind.. Nov. B.—A jury in Kosciusko Circuit Codrt today awarded Harvey McCord. Summilvillc. $7500 damages in hts suit for MO.GOO against Charles F Dyson. Wabfih County farmer, in connection with an automobile accident.

9 The Indianapolis Times FORECAST: Fair tonight and probably tomorrow; rising temperature.

VOLUME 47—NUMBER 208

HUNT SLASHER AFTER ATTACK Police Seek Youth Who Cut Woman in Attempt to Rob Her. Police today sought a young and vicious purse snatcher who last night slashed and wounded seriously a woman who resisted his attempt to rob her at 40th and N. Me-ridian-sts. The woman, Mrs. Sallie B. Myers. 42, of 3937 Kenwood-av, today is in Methodist Hoospital. Her physician, who made an emergency operation last night on the wound inflicted by the knife of her assailant, says she is “very sick.” Sha was walking to her home when the young white man, wearing a capy and no overcoat, approached her and demanded her purse. She replied by hitting him in the face with it. The man struck at her, grabbed the purse and fled. Suffering from shock, Mrs. Myers made her way to her home and recounted the story to members of her family. Some one noticed the front o; her dress had been cut and an investigation showed she had received a cut in the abdomen which she had hitherto been unaware of. At the hospital it was discovered that the wall of the abdomen had been pentrated and an emergency operation was performed. Surgeons | said that the instrument the slasher used evidently had been sharp, probably a razor or a penknife with a long blade. TTie pocketbook contained only 50 cents and two car tokens. For several weeks police have been concerned about a wave of pursesnatching. but this is the first recorded instance of a physical injury being inflicted by the criminal.

TWO MEN SEIZED IN MAIL ROBBERY Captured in Ohio Apartment for $46,000 Theft. | '* ii Pit SM CLEVELAND. Nov, B.—Two men. one of them a paroled convict, were J arrested here today and held as j suspects in the daring $46,000 mail | train robbery at Garrettsville, O > esterday. Seized in an apartment the men were rushed to the police station and held incommunicado pending arrival of witnesses to the holdup. Strictest secrecy was maintained, but it was learned the two men were to be placed in a lineup late today. Police said the former convict was linked with the holdup when his signature on Bertillion files compared favorably with that of a man who purchased the automobile believed to Lave been used in the Garrettsville robbery. JURY REOPENS INQUIRY IN EVELYN HOEY DEATH “Complete" Investigation Promised in Shooting of Actress. j By l nited Prtxx WEST CHESTER. Pa.. Nov. 8 - The Chester County grand jury will begin a "complete” investigation i into the fatal shooting of Evelyn Hoey, beautiful musical comedy actress. Tuesday. District Attorney William E. Parke said today. "We do not consider the case closed by any means," Mr. Parke said. "The investigation will cover both the shooting and the inquest." Miss Hoey was found shot to death in a second-floor bedroom of the farm home of Henry' Huddleston Rogers 111. oil heir, on the night of Sept, 11. Rogers and William J. Kelly, house guest, were held on technical charges of suspicion of murder, but were released followinquest.

Ally Oop Actress Loses ‘lncome,’ Sues Telegraph Firm, Changes Mind.

IT seems that Miss Rebecca Jane Ally, 29, Shelbyville (Ind.i opera and stage actress, sent a sealed note by Western Union to F. W. Kennedy, Shelbyville manufacturer, in April, 1933, and it was very, very special. Well, the messenger arrived at the Kennedy Hotel, of which Mrs. Kennedy is manager, and delivered the letter to Mrs. Kennedy for relay to Mr. Kennedy. Mr. Kennedy, it seems, was in his bath, and told Mrs. Kennedy to open it and read it to him. Mrs. Kennedy did, and from then on the sls a week Mr. Kennedy had been sending to Miss Ally since some time in 1928 was discontinued. This story came out in Federal Court today where Miss Ally, wearing a fuzzy red tarn and a light tan suit, was suing the Western Union Telegraph Cos. for $lO,000 for “loss of income, mental anguish, impaired health” and other things. Miss Ally testified that Mr. Kennedy had been kind enough to send her the money ever since he had employed her for 35 weeks as a radio singer in 1928 to advertise his firm’s products. n * a FOR this, she said, she signed her letters “G” for “grateful.” This particular letter, she said, signed in that way, asked for $25 that week, and a larger lump sum because people were pressing her about a mortage on the house. Miss Ally said she had studied music in Indianapolis and New York, and had sung in opera on the West Coast, in Boston and New York, and had been in musical comedy. Judge Robert C. Baltzell excluded testimony of mental anguish and impaired health, and then, on plea of Miss Ally’s attorney, dismissed the case. The telegraph company, due to withdrawal of the case, did not present evidence. Miss Ally denied that she ever had been alone with Mr. Kennedy.” “Never, never, never,” she said. GULF STORM MOVES SLOWLY ON TAMPA Hurricane Centers 100 Miles Off Florida West Coast. By United Pres* MIAMI. Nov. B.—The tropical storm, which has played hide-and-seek with Florida for a week, was centered today 100 miles west of Tampa, moving slowly eastward. The 9:30 a. m. Weather Bureau advisory on the fast diminishing storm, which killed eight, persons on the Florida east coast, said: “Storm warnings have been lowered from Apalachicola to Panama City, but remain displayed from Apalachicola to Tampa. “It seems improbable that the storm will be attended by more than moderately high winds when it reaches the coastline. but all small craft should exercise caution for another 24 hours on the Florida coast."

WALKS INTO HOSPITAL: DIES OF BROKEN NECK Princeton Woman Injured When Husband's Car Hits Tree. i By United Prrxx PRINCETON, Ind., Nov. B.—Mrs. j William King, 22. walked into Methodist Hospital sfter her husband's automobile had struck a tree, said she was unhurt but submitted to an examination. Her husband had been painfully hurt. 1 Three minutes later Mrs. King | died of a broken neck. GARNER PARTY LANDS Vice President and Delegation Arrive in Philippines. : 111/ (nited /‘n s* MANILA, P. 1.. Nov. B.—After an extended tour of the Orient Vice President. John N. Garner. Speaker of the House Joseph Byrnes and a delegation of United States congressmen arrived in Manila today aboard the Dollar liner President Grant. The party came here to participate in the inauguration of Manuel L. Quezon as first president of the new Philippines commonwealth. The ceremony is scheduled Nov. 15 2 DIE IN PLANE PLUNGE Amateur Pilot. Girl Killed as Ship Crashes in Fog. I By I nited Pith* PETERSBURG. Va„ Nov. B. Vivia Mullon. survivor of an airplane crash which killed her two companions, was in critical condition at Petersburg Hospital today. Miss Mullon, with her sister Anne and the amateur pilot, Lafayette Rothstein. all from New York, crashed near the North Carolina line last night in heavy fog and rain. President Arrives at Capital 8,l I. nited Pri WASHINGTON. Nov. B—President Roosevelt arrived in Washington at 8:31 a. m. today on his wav back to the Whde House after a brief stay at his Hyde Park iN. Y.) home. Files Bankruptcy Action Petition for voluntary bankruptcy was filed today in Federal Court for the Capitol City Fuel Cos., with offices at 1828 N. Illinois-st. A schedule of and“b f s and assets is to be submitted in 10

INDIANAPOLIS, FRIDAY, NOVEMBER 8, 1935

AUSTRALIA AIR HERO MISSING ON SEA FLIGHT Kingsford-Smith Long Overdue: Last Sighted Fighting Fierce Storm. SEARCH IS UNDER WAY Fear Famed Aviator Lost in Shark-Infested Bay of Bengal. By United Press SINGAPORE. Straits Settlement, Nov. B.—Sir Charles Kings-ford-Smith, world famous Australian aviator, was many hours overdue on a flight from Allahabad, India, today, and it was feared he was lost in the shark-infested Bay of Bengal. On his last long flight, from England to Australia, the conqueror of oceans was seen by a fellow aviator fighting a fierce storm over the bay, 150 miles from shore, flames shooting from the exhaust of his plane, the Lady Southern Cross.' Kingsford-Smith and his copilot, J. T. Pethybridge, were due here at about 5:30 a. m. (4:30 p. m. Thursday, Indianapolis time). They had not arrived by mid-afternoon and a search was being conducted by ocean liners, tramp steamers, by wireless and by Royal Air Force planes all over the dangerous ocean area in which he was last seen fighting for life. Flying at Record Pace The great Australian, twice conqueror of the Atlantic, hero of a westward flight across the Atlantic, pioneer in many oceans in the Far East, left Lympne airdrome, on the Kentish coast of England, at 6:28 a. m. Greenwich mean time (12:28 a. m.. Indianapolis time, Wednesday) on what he said was to be a leisurely flight to Australia. He said also that, it would be the last of the great flights which have won him fame. But when he left Allanabad, in central India, yesterday for this $50,000,000 British naval base on the "all red” route to the East, his low-winged Lockheed Altair monoplane with its supercharged Wasp engine and controllable pitch propeller was streaking at world record time. He was but two and one-half hours behind the astonishing record set by C. W. A. Scott and Tom Campbell Black in their two-day, 22-hour, 58-minute flight from Mildenhall, England, to Melbourne in October, 1934, that reduced former records to fractions. KingsfordSmith was going strong then. Seen 150 Miles From Shore C. J. Melrose, another recordbreaking Australian aviator, arrived here early today on a flight back home. As soon as his plane had landed he said that he passed KingsfordSmith over the dangerous bay. Kingsford-Smith. Melrose said, was obviously fighting. His plane was but 200 feet over the reaching waves, 150 miles from the shore. Melrose said that he himself reached here only after a fight in a fierce storm over the bay. The Royal Air Force crew got into action at once. Signals to the Lady Southern Cross began flashing out over the seas. There was no response, and the wireless kept up its signaling.

CALL MASS MEETING IN LINKS SQUABBLE Irvington Residents to Air Protests Tuesday. Several hundred persons are expected to attend a mass meeting Tuesday night when Irvington residents and golfers will air their views on the proposed Pleasant Runblvd extension which, it is said, will damage the golf course. The meeting will be held in the clubhouse. Protesting residents seek revision of the boulevard plans to eliminate a traffic hazard bridge and prevent damage of the course, valued at $250,000. Paul Frane is chairman of the meeting committee, and Dr. Dale Lentz is president of the golf club. ROOSEVELT TO HONOR UNKNOWN SOLDIER President Plans Participation in Armistice Day Hites. By United Prrxx WASHINGTON. Nov. B.—Plans were completed today for President Roosevelt to pay homage to the unknown soldier at Arlington National Cemetery next Monday in commemoration of the signing of the armistice 17 years ago. The program, under the direction of the American Legion, includes a coasts-to-coast radio address by Mr Roosevelt from the amphitheater of the tomb of the unknown soldier. Times Index Page Amusement 20 Births. Deaths 3o Books . 17 Bridge 25 Broun 17 Church News 8 Comics, 3rd Section 5 Crossw-ord Puzzle, 3rd Section 5 Editorial 18 Financial 26 Radio 29 Serial story 6 Sports 27-28-29 Want Ads 30-31 Womans Pages *s“'* 2 ** 25

HOPES FOR FREEDOM

D. C. Stephenson

ITALIAN TROOPS ENTER MAKALE —— * Tri-Color Is Raised Over Town in Triumph by Duce’s Army. BULLETIN By United Pres * LONDON, Nov. B.—Great Britain and Italy have reached a naval agreement which vitally affects naval construction and disarmament plans, the United Press was informed today. Asa result of Anglo-Italian naval parleys, Britain, according to authoritative inforim tion, has abandoned its opposition to Italian construction of two 35,000-ton battleships. The move was regarded by naval experts as ending for all practical purposes the long British campaign in favor or reducing tonnage but not the gun-calibres of capital ships. BY WEBB MILLER United Tress Staff Correspondent MAKALE. Ethiopia. Nov. B.—The Italian army entered MakaJe in triumph today. A picked force of regular infantry. Fascist black shirt militia, crack Bersaglieri and Askari native troops marched into the town this morning behind the Italian tri-color which had been lowered from Fort Makale in the war of 1896. The Italians found Makale a small town, somewhat resembling dirty mud-hutted Adigrat. Wet, tired and hungry, the Italians nevertheless were in high spirits and ready to go on. The tri-color was raised ceremoniously on Fort Makale. It is indicated that the Italians will push on gradually, with Gen. Alessandro Pirizio-Biroli's column in this area and Gen. Pietro Maravigna’s army to the west, to the general line of the Takkaze and Cheva Rivers a little south. Rainstorms Continue That probably will terminate the second phase of the Italian campaign and the troops will rest on that line pending construction oi roads and fortifications and the establishment, of supply depots for the beginning of the third phase. When the present operation is complete. Italy will occupy a total of about 25.05) square miles of Ethiopia, according to unofficial computations. There were still frequent rainstorms this morning as the baby tanks lumbered into Makale in advance of the picked column. Ten bombing airplanes, in two formations,- flew over the lines this morning to view Makale irom the air. Natives, who never had seen an airplane before, weie astonished at the roar of the 30 motors in the 10 planes.

Gorrahers Fall Claimed By United Presn LONDON, Nov. 8. —The Exchange Telegraph reported from the southern front today that an Italian column had captured Gorrahei, on the Fafan River northwest of Gerlogubi, far into Ethiopia proper. Seek Texas Oil Rjt UnitnJ. Prrxx DALLAS, Tex.. Nov. 8- Agents representing the Italian government are attempting to purchase 5.000.000 barrels of East Texas crude oil but the deal has been delayed due to a dispute over price. COLORADO OFFICIAL FACES SENATE TRIAL First Time in Colorado’s History on Such Charges. By United Pee xx DENVER. Colo. Nov. B—For the first time in Colorado's history, an elected state official—James H. Carr, 32-year-old secretary of state —today fa<'°d a state Senate rial on impeachment charges accusing him of malfeasance in office. Removal from office would be the penalty upon conviction in the Senate, where a two-thirds majority of the members is necessary to return a verdit of guilty. By a vote of 48 to 15. the lower house last night voted to lodge the impeachment charges against Carr, the vote coming aftpr a sensational eight-day hearing of evidence. Ben Bernie Takes Bride By United Prrxx TOWSON. Md.. Nov. 8 —Ben Bernie. orchestra leader, and Miss Dorothy Patricia Wesley of Miami. Fla., were married at this little Maryland city shortly before midnight last night.

Entered a* Seeond-CUaa Matter at Postoffic*. Indianapolis. Ind.

D. C. STEPHENSON WINS COURT BATTLE; DECISION BRIGHTENS LIBERTY HOPE

Holding Company Law Ruled Unconstitutional; Utility Stocks Advance

Profit-Taking Turns Market Irregular After Frenzied Morning Rush. By United Pre* • NEW YORK. Nov. B—The stock market settled down to normal routine this afternoon after a hectic morning when utility shares made up about 37 per cent of the 8.820,000 shares traded. Initial prices were higher under the lead of utilities, which made a sensational response to the Baltimore Federal Court decision finding the utility holding bill unconstitutional. Blocks of 1000 to 50,000 shares appeared in the utilities, representing bunched orders received over night. The rise at the outset ranged to more than 2 points. It was extended for a time in volume sufficient to cause tickers to lag several minutes. Then profit-taking reduced the utility gains and turned the main list irregular. In the early afternoon prices came back quietly in most sections, although most rails still were lower. Western Union at, the end of the third hour was at 69(4, up U. S. Steel 47'4, up *i; Consolidated Gas 32'<s, up 1 T s; Commercial Solvents 19 7 , up 2; General Electric 37 ?4, up Ts: New York Central 23 v s , off 1 1 : Westinghouse Electric 91 ’i, up 1 ; Chrysler 85 '4. up V, and General Motors 57 7/ s, off

EXPOSE COAST STAR AS ‘RINGER’ PLAYER Ted Key Confesses Playing at Texas School. ft if United I’re xx LOS ANGELES, Nov. B.—“R. F. (Ted) Key ” erstwhile star U. C. L. A. back, stood exposed today as Clois Francis Key, a "ringer” who played out his eligible college years at Texas School of Mines. Key emerged from seclusion to confess his identity. Subsequently his father, James D. Key, who had insisted his son was the person in whose name he was registered, also admitted the hoax. Admissions followed reports" that Key had been ruled definitely ineligile by Dean Earl J. Miller of UCLA, who had gone to Amarillo, Tex., to check up on the player’s high school record. Key was barred from the football squad shortly before the University of California at Berkeley came here last Saturday, NAZIS DECREE END OF STEEL HELMETS Hitler Issues Order on Eve of Putsch Anniversary. By United Pri xx BERLIN, Nov. B.—Adolf Hitler today decreed the dissolution of the Stahlhelm, the once powerful Steel Helmet organization of World War veterans which ever since the Nazi accession to power had stoutly resisted efforts to absorb it. The dissolution, effective at once throughout Germany, was decreed by the Reichsfuehrer on eve of :he anniversary of the Munich ‘ beer cellar” revolt that first brought his r.ame before the world < Hiller arnounced his action in a letter to Franz Seldte, minister of labor in the cabinet and leader of the Stahlhelm, informing him that the Stahlhelm was to be dissolved throughout the country. Observe Anniversary By United Prexx MUNICH. Germany, Nov. B.—A two-dav celebration of the twelfth anniversary of the beer hall putsch in which the Nazis made their first effort to seize power in Germany begins tonight with a speech by Adolf Hitler. Surrounded by party leaders and by surviving participants of the 1923 putsch. Hitler will speak in the Buergerbreu—the same hall in which he leapt to a table one night 12 years ago, fired a shot to obtain the attention of the drinkers, and proclaimed a Nazi government. LIFER WALKS AWAY FROM PRISON FARM Earl Richardson Escapes; Sentenced 18 Years Ago. By United Prrxx MICHIGAN CITY. Ind . Nov. 8 Earl Richardson, sentenced td life imprisonment from Washington County in 1917. walked away from the Summitt prison honor farm last night, state prison officials announced today, f

But SEC Continues Work of Drafting Plans to Administer Act. BULLETIN By United Pram WASHINGTON, Nov. B.—Chairman Hugo L. Black of the Senate Lobby Committee today forecast a tax drive against utility holding companies in event the U. S. Supreme Court rules the utilities holding company act unconstitutional. BY I'UTH FINNEY Time- Special Writer WASHINGTON, Nov, B—The Securities and Exchange Commission was as busy as ever today getting ready to administer the holding company act. The decision of Federal Judge Coleman at Baltimore that the act is unconstitutional didn't slow down its activities. Officially, the commission was silent on the decision. It was not a party to the Baltimore case and thus has no way to appeal the decision. It did, however, file a brief charging collusion among the three corporations and individuals who were parties, and it may have an opportunity to press this charge if appeal is not taken. Burco. Inc., a creditor of the American States Public Service Cos., maintained in the suit that the holding company act is constitutiona.l If Burco does not now dispute Judge Coleman’s decision, an attempt may be made to construe its silence as evidence that it was giving only lip-service in defense of the act. All Experienced Men Meanwhile SEC members are sitting in all-day sessions working on forms for holding companies to use in complying with various provisions ol the law after registration. Dec. 1 is the deadline for registration, and after that date holding companies must file declarations with the SEC when they issue or sell securities or acquire assets or securities of other companies or perform any of numerous other acts. The commission has 40 men at work already in its utilities division and expects to have four times that number. None of its men is a “theorist” or “brain Each of them has been connected with the utilities industry as an operating man or in engineering or financial capacities. At their head is W. C. Gilman, sandy-haired young Canadian-born citizens who has been named chief of the utilities finance section. Familiar W'ith Job For seven and a half years he has been in charge of the Equitable Life Assurance Society's investments m utilities, and in this post he has become familiar with tne properties and financial condition of nearly every operating utility company in the United States. Before that he was a utility operator himself, with Central Hudson Gas & Electric Corp., and before that he was connected with General Electric. This is his first government post and he is enthusiastic about it. So are the men working with him, he savs. He has had no trouble inducing utility men to leave private employment for that of the government. even if it has in some cases meapt acceptance of a third as much salary. He Know* Utility Companies Mr. Gilman was educated at McGill University before the war and took degrees at Massachusetts Institute of Technology after the war. From 1914 to 1919 he was an officer in the British army. When he was buying and selling utility bonds for Equitable, h? traveled over properties in every part of the United States and subjected their affairs to searching scrutiny. There isn’t much about utility companies that he doesn't know. He has his staff at work, however, compiling and bringing up to date all the information available on every utility holding company in the country, and will have reports ready for the commission as soon as enforcement of the act begins.

(x) Check! The police department is disturbed officially over a young man who has been passing checks to which he has attached the counterfeit signature of Chief Morrissey. Harry Borman reported that he had cashed one for $lO at his dry goods store. 1361 Shelbyst, for the man who said he was a merchant policeman. Another signed check was found in the lobby of a hotel. Chief Morrissey feels this sort of thing ought to stop.

HOME EDITION PRICE THREE CENTS

State Given One Final Opportunity to Keep Him Jailed. ATTORNEYS ARE ELATED ‘Finally Won Ground in His Battle.' Asserts His Lawyer. Times Syeeinl LA PORTE, Ind., Nov. D. C. Stephenson, former Klan leader, today won his first court victory in 10 years of battling to jrain freedom from the Indiana State Prison, where he is serving a life sentence. There still are several legal move* before the former Klan leader finally wins or loses his battle. Stephenson was in Circuit Court here to hear the ruling. He smiled and clasped the hands of his attorneys but declined to comment. Judge Wirt Worden overruled a state motion to quash a writ of habeas corpus. Losing this stage of the battle, Atty. Gen. Philip Lut* Jr., was directed to file a return by Nov. 15. Attorneys Are Elated Stephenson's attorneys then will file exceptions to the return and if the exceptions are upheld there is said to be no obstacle to the Klan leader's freedom. If the states‘return is upheld by the court, Stephenson, appearing personally in court, will have the opportunity to support hi.i charges that his prison sentence was the result of a political conspiracy. Judge Worden ruled the question before the court was one of constitutionality of the processes through which Stephenson was convicted. “The fact that the various proceses may or may not have the approval of the Indiana Supreme Court in this case is not material,” Judge Worden ruled. Raises Federal Question “The question of whether the petioner received equal protection under the law raises a Federal question and in view of that fact this court is inclined to follow decisions of the Supreme Court of the United States in its decision. “I there are sufficient allegations in the petition to warrant a court in finding—on proof of those allegations—that the processes through which the petitioner was convicted were unconstitutional, or that tho petitioner, through those processes, had been denied the equal protection of the law, then it is the duty of the court to overrule the motion to quash and to permit the petitioner to introduce proof of the allegations contained in the petition. “It is. therefore, the ruling of the court that the motion to quash is overruled.” T. Ernest Maholm Indianapolis, and Alban m. Smith, La Port? mayor, Stephenson’s attorneys, were elated over the victory. “Steve finally has won some ground in his battle for freedom, * Mr. Maholm said. Convicted of Murder The former Klan leader was given his life term on Nov. 21. 1925, for the murder of Miss Madge Oberholtzer, Irvington young woman. Stephenson, at the time of his conviction. was at the height of hi* power at a Klan leader and political power in the state. His "I am tha law” still carried force. In the last few months in prison, Stephenson has been in charge of a (Turn to Page Threei SALES TAX BRANDED UNFAIR BY HOPKINS WPA Administrator Term* Levy Burden on Poor, By Sttriyps-Hoirnrd Set espnpe.r AlUnnret WASHINGTON. Nov. B.—Tha sales lax was branded today by Harry L. Hopkins as an unfair method cf raising state revenue to finance the relief of unemployable.*. “It Is a direct tax on the poor.” the WPA chief said. “Any sort of state-wide levy is more desirable.” Hopkins feels, at the same time, that for the states to throw their relief responsibilities onto local communities is wrong. “In many states the entire contribution comes from the cities and counties.” he said. 'The burden falls wholly on real estate. I don t think this is fair taxation.” CHINA CLIPPER STARTS TRAIL-BLAZING SERVICE Five Passenger*, Crew of Six Aboard on Maiden Hop. Hy Uni led /V#*# MIAMI, Fla., Nov. B—The China Clipper took off today for San Francisco and the beginning of her trail-blazing service as one of th* liners on the first air service between the United States and China. The 25-ton flying boat, loaded with 4000 gallons of gasoline and carrying five passengers and a crew of six, will make the flight in two stages. Tonight she will land at Acapulco on the Pacific Coast of Mexico, a distance of 1500 miles. Tomorrow she'll continue on to San Ftanciseo. Capt. Edwin C- Mustek was) her commander and pilot.