Indianapolis Times, Volume 47, Number 290, Indianapolis, Marion County, 12 February 1936 — Page 1

COLD WAVE TO RETURN AGAIN, CITY WARNED Temperatures Are on Rise Today; Drop Forecast for Tomorrow. SNOW ALSO PREDICTED Mercury to Reach Zero by Friday Morning, Is Forecast. Anew cold wave Is to move on Indianapolis tomorrow to take the place of comparatively comfortable temperatures today, the Weather Bureau predicts. There may be snow by tomorrow night. Temperatures are on the rise today and are expected to remain in the 20s overnight. The new cold wave is coming from tjie Northwest and mercury readings under 40 below are being recorded in Canada. Local weather forecasters said that the mercury probably would drop to at least zero here by Friday morning. # Child Killed by Auto Nine-year-old Mae Ellen Bowling is dead today, the victim of an auto that struck her as she ran across Franklin-rd a mile west of New Bethel, her home. The child got out of an auto and ran across the highway to greet her mother. A warning from her father, Benjamin Bowling, in the car with her, came too late and she was struck by an auto driven by Ralph Negel. R. R. 6. Box 739 She died in the admitting room at City Hospital. She is survived by her parents and a 2-year-old brother. Ward Ratcliff, 28, of 3758 W. Washington-st, died in City Hospital of injuries received in a traffic crash Monday at Holt-rd and W. Washington-st. Funeral Is Friday He Is survived by the widow, Mrs. Norman Ratcliff; his parents, Mr. and Mrs. Theron Ratcliff; two brothers, Wilbur and Winfred, all of Indianaoplis, and three sisters, Mrs. Nina Bell Heid, Fort Wayne; Miss Nora Dell Ratcliff and Miss Margaret Ratcliff of Indianapolis. Services are to be at 2 Friday in the home of parents, 3822 Kenwoodav. Burial is to be in Crown Hill. The two deaths raised the county’s 1936 traffic total to 12. Washington Fears Flood I>,ii Science Sen ire WASHINGTON, Feb. 12.—Washingtonians for once are not talking politics. They have stopped worrying about the Townsendites, the Liberty League and the deficit, instead they are seriously concerned about the possibility of a flood. For the first time in many years Ihe Potomac is frozen. The ice is thick, clear to the river’s mouth. There is a 20-foot ice-jam at Great Falls, just above the city. It is the most complete setup for a flood since the war-time winter of 1917-18. when there was a five-foot depth of water over what is now Consti-tution-av, and rowboats navigated the retail district around Ninth-st and Pennsylvania-av. Midwest Digs in Again iCopvrißht, 1936, by Unitpd Press) Blizzards howled across the Dakotas. Minnesota and lowa today as the stricken Middle West prepared for another stand against starvation and cold. Drifts piled rapidly across freshly cleared highways and railroad rights of way in lowa. Fear was felt that luel shortages may become worse. The storm may force many of lowa's 500 mines, reopened yesterday. to close. Dakota roads had not yet been cleared of the last heavy snowfall. Hundreds of communities and ranches were reported badly in need of supplies. Immediate aid seemed impossible. 65 Dead in Europe By United Press At Ipast 65 persons were known to have been killed and many injured by storms which harrassed most of Europe today from the British Isles io the Aegean. The storm in England had taken a toll of 21. Sixteen were dead in Italy and 15 in northern Greece. Thirteen were killed and eight injured in a Bulgarian train wreck caused by a blizzard. F. D. R. PUTS WREATH ON TOMB OF LINCOLN President Leads Nation in Marking Emancipator's Birthday. Bp United Pra* WASHINGTON. Feb. 12.—President Roosevelt led the nation today in observance of Abraham Lincolns birthday. Escorted by military and naval aids he placed a wreath at the tomb of the Emancipator in Lincoln Memorial. House and Senate delayed debate to hear tributes to the rail-splitting Illinois youth. TIMES INDEX Amusements 10-11 Bridge 4 Broun 13 Comics 19 Editorial 14 Financial 15 Merry-Go-Round 13 Mrs. Roosevelt 4 Pegler 13 Radio 2 Sports 16-17 ! State Deaths 20 Want Ads 17-18 Woman’s Pages ............. 4-5

The Indianapolis Times FORECAST: Snow tonight and tomorrow; somewhat warmer tonight with lowest temperature about 22; much colder tomorrow afternoon or night.

VOLUME 47—NUMBER 290

Lincoln and the Constitution BY CHARLES A. BEARD

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Standing at attention before Daniel Chester French’s mighty statue of Abraham Lincoln in Washington, this color guard of sailors and marines typifies the veneration with which a nation thinks of Lincoln on the one hundred twenty-seventh anniversary of his birth. An average of 3000 Americans pass through this shrine daily, paying their tribute to the memor> of the man whom Lowell called “The First American.”

At a time when the United States Constitution is being widely discussed and m-y even become a campaign issue, Lincoln's birthday comes with peculiar force. For Lincoln himself faced a constitutional problem not unlike those of today. What it was and how it was solved is told here by Charles A. Beard, dean of American historians, and political scientists. He is the author of “The R(se of American Civilization" and “Economic Interpretation of the Constitution.” AS the fifth decade of the nineteenth century drew to a close, Abranam Lincoln sprang

Professional Sought to Erect Barrett Gallows U. S. Marshal’s Deputy Continues Attempt to Get Justice Department’s Approval. Chief Deputy Julius Wichser of the United States marshal’s office today continued attempts to persuade the Department of Justice at Washington to hire a professional hangman to prepare the gallows that will hang George W. Barrett, Kentucky bad man. He is to hang in the Marion County jailyard before sunrise March 24.

INVESTOR CHARGES FALSE LAND SALE Stern Cos. Transaction Is Revealed by Witness. Charges that the Louis Stern & Cos. sold land in Mars Hill which it did not own were made in Federal Court today by Miss Michaelene Roman, Chicago bookkeeper. Eleven officers and salesmen of the firm are being tried on mail fraud charges. Miss Roman said Stern salesmen persuaded her to switch from whisky warehouse receipts to Mars Hill land, on which the firm had an option. A. C. Erber, 5335 Washingtonblvd, told the jury that he had received "nothing but alibis” from his investments. The company’s offices in the Illinois Building were raided last May by securities’ investigators. Mrs. Irene Hagerman, 4037 Col-lege-av, a widow, yesterday testified that Sam Schweitzer, alleged “financial wizard” of the firm, persuaded her to borrow money m order to invest in a “Wall Street deal.” FOOD B HEM IST IS NAMED D. F. Fisher Joins U. S. Administration as Investigator. D. Franklin Fisher, food chemist, 3326 College-av, today received notice of his appointment as investigator in Philadelphia. Pa., for the United States Food Administration. He is to leave this week. His wife and two children are to join him later.

into fame on a constitutional issue. In 1856 the Republican party ■launched a national campaign on the proposition that slavery should be prohibited by Congress in the territories of the United States. To this proposition Lincoln gave his approval. But the very next year the Supreme Court of the United States, in the Dred Scott case, declared that Congress had no power to prohibit slavery in the territories. This was a staggering blow to the Republican party.

Mr. Wichser has asked the Department of Justice to employ Phil Hanna, who has taken part in 68 hangings, and who, Mr. Wichser says, is the nation s only qualified hangman. Wire dispatches from Carbondale, 111., say that Mr. Hanna has borrowed a gallows from Sheriff Rcss Ozburn of Jackson County. Illnois, for the Indianapolis hanging. Mr. Wichser says that so far as he knows there is nothing official about his appointment. Mr. Wichser says the Department of Justice has instructed. the marshal here to advertise for bids on the scaffold's erection and to let the contract to the lowest bidder. The department also has authorized him, he said, to employ a professional hangman if his fee was not more than $25. Mr. Wichser says that services of an experienced hangman are needed. ONE BURNED, $2,000 IS LOST IN 3 FIRES Filling Station Attendant’s Hands Injured. One man was burned and a loss of more than S2OOO resulted from three fires early this afternoon. Forest Hilligoss. attendant, was burned on the hands fighting a fire in the gasoline filling station at 3374 W. Michigan-st. The combination barn and garage of Dr. B. N. Stees. Glen’s Valley, was destroyed with loss estimated at S2OOO. The Glen’s Valley school bus. 300 bushels of corn and four tons of hay in the bam were destroyed. The third blaze damaged the vacant, third floor of a building on the northwest corner of Delaware and Washing ton-sts.

WEDNESDAY, FEBRUARY 12, 1936

By a single stroke the court had blotted out the principal plank in its platform, had destroyed its chief reason for existence. The party was seeking to capture the Federal government and proclaim freedom throughout the territories. The court had said in effect: Under the Constitution this action can not be taken by Federal authorities. Why not amend the Constitution and give Congress the power which Republicans proposed to exercise? That sounded well in theory, but it was impossible in practice. n n NO amendment can be made without approval of threefourths of the states. Given the number of slave states in 1857, an amendment against slavery in the territories was out of the question. For Republicans who respected the Supreme Court and the Constitution that was a challenge. It was a “hot one.” Abraham Lincoln dared to pick (Turn to Page Three) 'COIN' HARVEY DIES IK HERMIT'S REFUGE Pioneer Backer of 16-to-l Silver Was 84. By United Press MONTE NE, Ark., Feb. 12.—W. 11. (Coin) Harvey, who introduced William Jennings Bryan to the 16-1 silver theory and got 53,000 votes for President in 1932, died of peritonitis last night in his hermit's refuge. He was 84, but vigorous until the last day of his life and a critic to the end of the country’s "suicidal money system.” Few persons of this generation knew more than his name and fewer attended his economic theories but Coin fought every day for reforms he believed would enrich the nation. For several years before he led the “Liberty” party in the national campaign of 1932, and since then, Harvey had lived a recluse’s life in Monte Ne. Harvey was the pioneer advocate of the coinage of silver at a ratio of 16 to 1 as compared with gold. When Bryan adopted the theory and led one of the most celebrated political campaigns of the country's history, Harvey was a national figure and leader of a great following. His fame and power died with interest in the silver issue. KNOX - AND~BORAH - FILE Publisher and Senator Seek Favor of Illinois Voters. By United Press SPRINGFIELD. 111., Feb. 12. Petitions of Frank Knox. Chicago newspaper publisher, and United States Senator W. E. Borah, Idaho, for presidential preferential expression at the Illinois (April 14) Republican primary, were filed with Secretary of State Edward J. Hughes today.

BALL SAVED RAIL EMPIRE, VAN ADMITS Muncie Jar Manufacturer Came to Rescue, Says Cleveland Magnate. I. C. C. HEARS DETAILS Transportation Czar Frankly ‘Lost’ in Maze of Financial Setup. By United Press WASHINGTON, Feb. 12.—Greyhaired Oris P. Van Sw'eringen sat before the Interstate Commerce Commission • today and told how G. A. Ball, Muncie (Ind.) fruit jar manufacturer came to his rescue last fall when the Van Sweringen transportation empire was tottering. Sitting in a chair too small for his bulky frame Van Sweringen talked in a voice so low that even his attorney, Andrew P. Martin, had difficulty hearing him. Toward the end of the hearing he raised his voice to deny that he “dominated” officers of the railroads which make up his vast rail empire. The hearing was called to learn whether Mid-America, which owns stock in Allegheny Corp., top holding company of the Van Sweringen group, directly controls the operating railroads further down in the pyramid. Assured Ball's Backing Van Sweringen told this story of Mid-America’s organization: “Anticipating the sale of Allegheny stock and other collateral by New York banks last year, my friend George A. Tomlinson suggested that when I came around to a need for dollars he would consider it. He said a relative of his, Mr. G. A. Ball of Muncie, also might like to participate. “My brother, Tomlinson, Ball and myself ueld a conference and Ball said frankly he would go along. Mid-America Corp. was incorporated under the laws of Ohio in September. 1935. “Ball has 1333 shares of preferred and 10,000 shares of common stock in Mid-America. Tomlinson has 6667 shares of preferred and 5000 of common. That is all of the stock in Mid-America.” Van Sweringen and his late brother, M. J., had pledged some $50,000,000 in collateral to J. P. Morgan. In September of last year. Mid-America bought the $50,000,000 in securities for about $3,000,000. Frankly at a Loss Making one of his few public appearances in a tempestuous business life, the publicity-shy Van Sweringen became entangled in such a maze of stock control negotiations that he was forced to admit he did not know some of the answers. He was led through a detailed account of the shares owned by the various holding companies and the railroads in his system. These deals were so complex that one of his questions was: “Are the shares of the Chesapeake &• Ohio in the Erie owned by the Virginia Transportation Cos., or by the C. & O. direct?” The man who rose from newsboy to spectacular financier removed his heavy, black-rimmed glases, pondered a moment and admitted: “I frankly don’t know.” NEEDLES LINK MEN TO QUINNETTE DEATH Anderson Man, Apartment Janitor Identify Package BY JERRY SHERIDAN Times Staff Writer GREENFIELD, Ind., Feb. 12. Two packages of housewives’ needles today linked Paul Pierce, 25, and Donald Joseph, 28, Indianapolis gunmen, with the murder of Detective Orville Quinnette. Mr. Quinnette was wounded fatally in a struggle with the two men in the Hazel Dell Apartment, 12th-st and Park-av, Indianapolis. Paul Rounds, Anderson, said the needles were in his auto stolen from And.rson, and Ben Davee, former apartment custodian, identified the needles as those he found in the convicts’ rooms. Detective Chief Fred Simon, Indianapolis, told of sending Quinnette and Russell Chatham to the apartment to investigate the theft of the Rounds auto. Circuit Judge Arthur Van Duyn permitted testimony of the needles, despite defense objections. Deputy Prosecutor James A. Watson said he would attempt to trace the murder to Pierce and Joseph through a chain of circumstances beginning with the needles. The jury, completed yesterday, is composed of 10 farmers, a merchant in Hancock County and Mrs. Tressie Passwater, middle-aged wife, who is Hancock's County's first woman juror. Other jurors are: Jesse L. Johns, Coral Cass, Charles E. Bash, Orville Plummer, Garrett Duncan, Oren O. Brooks, Ernest Addison. Jamts D. Arnold, Orville Nigh and Ernest Cranfill. farmers, and Forest Steele, a merchant. SEED REPORT ADOPTED Compromise on Crop Loan Bill Is Approved by House. By United Press WASHINGTON. Feb. 12.- -The House adopted today a compromise conference report on the $50,000,000 crop production seed loan bill for 1936. It now goes to the Senate for action. The original House bill carried $40,000,000 and the Senate measure $60,000,000.

Entered a* Seron 1-Clasx Matter at Postoffice, Indianapolis. Ind.

Wallace 111, Insists on Filling Date Secretary Has Fever From Cold, but Intends to Speak Here. 11l with a cold that had given bin* a fever all night Henry A. Wallace. Secretary of Agriculture, detrained this morning at Union Station and was met by farm organization leaders. He Is to speak at 2 this afternocn in the Manufacturers’ Building at

the State Fairground under auspices of the Indiana Farm Bureau. A secret ary who accompanied him, obviously worried, said he would try to get Mr. Wallace to consult a physician in the interim, but had litle hope of success. Mr. V/ all ac e, he said, had been advised not to

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Mr. Wallace

make-the trip from Washington, but had disregarded the advice. Only after he boarded the train yesterday did Mr. Wallace admit he had a fever, Mr. Wallace's secretary said. Mr. Wallace boarded a cab with farm leaders for his hotel, where he is expected to rest until time for his address, which is to be broadcast over the Columbia network. There were only two pieces of luggage in evidence when Mr. Wallace and his secretary arrived. One was a bulging brief case, and one an old-fashioned and somewhat battered suitcase. The suitcase contained copies of his speech, various papers and some new books, the cover on one of which read “Social Justice.” BULLETIN By United Press WASHINGTON, Feb. 12. —Senator George W. Norris in a voice trembling with emotion called upon Congress today to restrict the powers of the Supreme Court. The white-haired Nebraska Republican entered debate on the Administration's new farm bill with a dramatic warning that the nation faced destruction unless its agricultural problems were solved and that the Supreme Court's invalidation of AAA could not stand if the country is “to live and prosper.” The Senate listened tensely as the veteran orator called upon the chamber to “have the courage” to restrict the court’s power to invalidate laws enacted by Congress. His outstretched arms trembled as he spoke and his voice cracked with emotion. Norris declared that Congress could, “if it had the courage,” provide that only by unanimous decisions could the court overthrow acts of Congress. He attacked a procedure by which a court serving for life and not responsible to any one, could invalidate laws. “It seems to me, Mr. President, that it is inexcusable,” he said. “It seems to me that this coordinate branch of our government has gone beyond any power that was ever contemplated in the Constitution.” Norris said that the court’s decision returning $200,000,000 in taxes to processors was “the greatest gift since God made salvation free” and remarked that “the people can change Congress —but only God can change the Supreme Court.” JOINT COMMITTEE SCANS JIOMPROMISE Balance on Home Rule and Central Control Urged. A compromise plan calculated to strike a balance between home rule and complete centralization of power in the state government for social security administration was reported to be before the joint legislative committee today. The committee of 24 senators and representatives, meeting to draft legislation for the special session expected March 2, was said to be divided on the question of whether the township trustees should be shorn of all power they now have, except towm hip school administration. The reported compromise plan, it was said, contemplates making either the county commissione. s or the existing county boards of children's guardians the administrative agencies for all social welfare activities in the county. Suggestions submitted by Gov. McNutt's Governmental Economy (Turn to Page Three) Silver Slipper Club looted Burglars early today forced their way into the Silver Slipper Club, 2451 N. Meridian-st, and stole S2OO in cash and liquor valued at S3OO. Leo H. Silver, manager, reported to police.

13 OVERCOME BY ESCAPING GAS ON NORTH SIDE

3 HE, 27 ARE HIST US FIRE SWEEPS HOTO 7 Are Injured Seriously in Desperate Leaps From Windows. By United Press LAKEWOOD, N. J.. Feb. 12—Two women and a man were burned to death today in a spectacular fire that destroyed the Victoria Mansion ; Hotel. Seven others were injured seriouly and rushed to the hospital. Twenty received first-aid treatment. Those in the hospital suffered chiefly from burns and hurts received when they jumped from windows. Many of the guests of the hotel suffered from exposure when forced to flee in their night clothing as the three-story structure burned. Many From New York Those taken to the hospital included: Mrs. Pari Shalin, 53, New York City, who was burned seriously and sustained additional injuries when she jumped from her second floor window. Mrs. Rebecca Schwartz, 56, Bronx, N. Y., injuries and burns. Louise Marco, 5, address not known, whose feet were burned severely before she leaped from a window. Firemen said that most of the hotel's guests were visitors from New York, free from work for the day because of the holiday. Police Sergeant Praised Only the heroism of Police Sergt. John P. Souen was believed to have averted a major disaster. Two hundred guests were asleep in the hotel when the fire was discovered at 6:35 a. m. The southeast wing was a mass of flames from the third to the fifth floors when the first alarm was sounded. Sergt. Souen, aided by civilians, raced through the corridors, kicking in doors and herding guests in night dress into the cold dawn. Police believe all the guests were accounted for, but could not be sure. Cause of the fire was undetermined. SHIRT CO. OFFICIAL'S HOME ISJJYNAMITED Windows Shattered at New Albany Strike Scene. By United Press NEW ALBANY, Ind., Feb. 12. Authorities today investigated bombing of the home of E. C. Truex, superintendent of the M. Fine & Sons shirt factory, scene of a four-month strike. The blast last night blew out several windows in the Truex home and shattered panes in nearby residences. None of the occupants was hurt. The dynamite was thrown at the home from a speeding automobile, members of the Truex family told authorities. SENATE IS ASKED TO EXTEND NEUTRALITY Committee Favors Present Act Be Kept Until 1937. By United Press WASHINGTON, Feb. 12.—The Senate Foreign Relations Committee voted unanimously today to ask the Senate to extend until May 1, 1937, the existing neutrality act designed to keep the United States out of war. The action would postpone the Administration's proposed permanent neutrality act. The committee also unanimously agreed to amend the existing law by adding a provision banning loans or credits to belligerent nations. NAVAL CADETS STRICKEN Doctors, Scrum Rushed to Aid Vessel With Meningitis Epidemic. By United Press BALBOA, Canal Zone, Feb. 12. The United States Destroyer Tatt- i nail, carrying serum and doctors and nurses from the Gorgas Hospital, sped today toward the merchant marine training ship California States, stricken with an outbreak of spinal meningitis 1000 miles out in the Pacific. One of the 67 youths aboard the ; training ship already has died and another was reported dying. By United Press VALLEY JUNCTION. la., Feb. 12.—Schools, theaters and Sunday schools in. Valley Junction were ordered closed today as result of an outbreak of four cases of meningitis. two of which have resulted fatally, the past two weeks.

FINAL HOME PRICE THREE CENTS

Members of Three Families Stumble Into Street, Violently 111. BROKEN MAIN BLAMED Five-Month-Old Twins Are Among Victims; 2 Saved by Neighbor. Thirteen persons, two of them infants under six months old, were recovering this afternoon from illness caused by gas escaping from a broken Citizens Gas and Coke Utility main in front of 443 W. 31st-st. Members of three of the famili°s in the 400 block, W. 31st-st stumbled around in gas-induced stupors early today for nearly an hour before help came. Two crews of workmen dug through the frozen ground and reI paired the leak. Rescues Two Neighbors At the home of Mr. and Mrs. Verl I R. Baker, 445 W. 31st-st, Wilma and j Wanda, 5 1 j-month-old twins, were restless during the early morning and Mr. Baker was up with them. He became ill, but did not realize ; that gas was the cause. At 5 he ; heard Mrs. Be'njamin Harrel, next door, call for help and he made his way, in a stupor out the back door of his home and into the back door of his neighbor’s home. He went upstairs and found Mr. Harrel unconscious. He called a physician His momentary dip into fresh air made him suspect that the houses were filled with gas and he called the gas company. Six Others Stricken Orville Smith, night service* man, found gas in the homes and set in motion the trouble shooting machinery. He turned off the gas to both homes. All members in the two households, six of them, were ill. Meanwhile, at the home of Joseph ! Schwert, 455 W. 31st-st, Mr. and Mrs. Schwert and their children, Val 20, Elnora 23, and Rosemary 11, and 1 grandchild, Janice Joe Patterson, 14 months, became ill. Mrs. Howard Patterson, 927 W. 31st-st, mother of the child, had arisen early and was making her way to her parents’ home to help her mother prepare for a club meeting this afternoon. Stagger Into Yard As she approached the house, she saw Val and Elnora stagger through the back door and collapse unconscious on the porch. She summoned aid and in a few moments all members of the family were in fresh air and reviving, though nauseated. Miss Elnora Schwert is to be married Saturday to Robert M. Brody, 24, of 918 W. 31st-st., a letter carrier. The home of W. A. Pittman, 439 W. 31st-st, also was filled with gas, but members of the household discovered it soon enough to escape illness. None of the other homes in the neighborhood seemed to be affected. Company officials said the accident was caused by the main contracting and breaking in the cold weather. They have directed that holes be dug to release the gas underground so that it will not follow pipes into the homes of the neighborhood. SENSATION IS IHINTED IN CUTTING TRAGEDY Senate Group to Hear Startling Testimony on Mishap, Is Claim. By United Press WASHINGTON, Feb. J2.—Startling testimony concerning the death of Senator Bronson Cutting in an airplane crash last year is expected to be presented to the Senate Commerce sub-committee investigating air safety in the next few days, it was learned today. The testimony was said to be such that it was likely the committee would go into executive session to hear it. The committee has adjourned open meetings until Thursday. An executive meeting may be called today to hear details of the crash which occurred near Kirksville, Mo. Investigation has been made by committee experts headed by 601. Harold L. Hartney, former Army ace. it was learned. Several facts not revealed by previous inquiries have been discovered, it was reported. SENATE ACTS SLOWLY ON FARM RELIEF BILL' j Way Expected to Be Cleared for ( Passage Friday. j By United Press WASHINGTON. Feb. 12.-The Senate slowly pushed ahead with I the Administration farm bill today, / expecting to wind up preliminaries/ in time to have the measure ready/ for passage Friday. Absence of several Republican/ Senators for Lincoln's birthday speaking engagements slowed pro* ceedings and only the less controversial amendments were being acted upon. A half-dozen amendments, or motions, most of them slated for rejection. are to be disposed of before the Senate can act upon the bill itself.