Indianapolis Times, Indianapolis, Marion County, 18 August 1936 — Page 8

CO-OPERATIVE \ RULING AWAITED + AS STATE GUIDE

Refusal to Grant Charter to St. Joseph Group Taken to High Court.

By United Press The policy of the State of Indiana

concerning consumers’ co-operatives may be formed on the basis of a decision of the Indiana Supreme

Court on a case now pending, it :

was learned today. Chief question presented in the case was whether the consumers’. cooperative shall operate under a nonprofit or for-profit charter. An early decision has been requested by both the State and the plaintiff in the appeal of the St. Joseph County Consumers’ Co-oper-ative against the refusal of Judge Herbert E. Wilson of Marion Superjor Court No. § to mandate Secretary of State August G. Mueller to issue the organization a non-profit corporation charter. : ‘ The action is held important in view of the increased interest in the consumers’ co-operative movement in the United States and in view of the assignment of a commission by President Roosevelt to study the cooperative movement in Sweden. Decision of the court likely will be used by the Corporation Survey Commission, created by the 1920 Legislature and re-established by succeeding General Assemblies as a guide in determining future activities of Indiana Co-operatives.

Commission Watches Suit

The commission, whose early investigations resulted in enactment of the for-profit corporation and the non-profit corporation acts, was authorized to continue its consideration of any amendments to such acts or any proposed legislation affecting corporations in Indiana. It is hoped by the commission, according to Joseph Hoffman, a member, and also legal representative of the Secretary of State, that the high. court will define the status of the consumers’ co-opera-tive, as regards the non-profit and for-profit classification. If the consumers’ co-operative: is declared a non-profit organization by the high court it will escape taxes and regulations imposed on private industry. Affirmation by the Supreme Court of Judge Wilson's decision will place the co-operative on equal footing with private industry. Wilson Upholds Mueller

Whether regulatory legislation to alter either situation will be necessary will be studied by the commission. The application of the St. Joseph County Consumers’ Co-operative association for a non-profit organization charter was disallowed by the Secretary of the State because: “. . . Co-operatives engaged in part in the business of co-operative buying, selling and trade activities are engaged in a business which results in a profit to the membership, directly or indirectly.” Contending Mr. Mueller “unjustly and discriminately” refused the charter, D. Lincoln Orlow, South Bend attorney, appealed to Judge Wilson's court. Upholding the state official, Judge Wilson said: “If a concern like this is going to compete with private capital and private enterprise, it should pay the same taxes as other corporations engaged in similar lines of business.

Purpose of Organization

“The sole purpose of this organization is to obtain goods cheaper than they can be bought from priie concerns. This constitutes profThe proposed co-operative outlined its purpose as follows: “To establish, maintain, operate and conduct for members and patrons on a co-operative basis club rooms, training schools, lecture platforms, education institutions, printing and publishing establishments,

recreation and entertainment cen-

ters, libraries and reading rooms, shops, general merchandise stores, and warehouses for such as food, wearing apparel, household goods, fuel petroleum products, building materials, raising, processing, packing, shipping and distributing foodstuffs and other commedities and supplies among members and patrons and generally to engage in cooperative buying, selling and trading activities . . .”

OLD SETTLERS EVENT SCHEDULED THURSDAY

The fifty-third annual meeting of the Marion County Old Settlers’ Association is to be held at Broad Ripple park Thursday. A basket dinner is to be served. A choir contest, open to all churches outside of Indianapolis, is to feature the program. Registered - membership cards are to be issued to all persons attending who have been county residents 25 years or more. Emsley W. Johnson is association chairman.

OBTAINS NEW NEWCASTLE, Ind. Aug. 18. —

Pimea Special Harry A. Hall, for 33 years Hoosier

Word was received here today | that Clarence’ E. Coffin Jr. son of Mr. and Mrs. Clarence Coffin, 2034 N. Delaware-st, has been promoted to lieutenant, senior grade, in the United States Navy, . Lieut. Coffin, who was graduated from the United States ‘ Naval: Academy in 1927, is stationed in the Department of Op-. erations, Bureau of Navigation, | Washington, D. C. ;

HOKE TOHEAD LEAGUE HERE

State Good Neighbor Unit Outlined at Meeting in Claypool.

An Indiana unit of the Good | Neighbor League was under way today with Fred Hoke, manufacturer, as temporary chairman. Foundation for the proposed unit was laid yesterday at a luncheon in the Claypool. Mrs. Estelle M. Sternberger, New York, executive chairman, explained the purpose and aims. “The League is nonpartisan, composed of persons who believe that the principle of good ‘neighbor is an expression of the American ideal and should be made the fundamental of government,” she said. Although ; it is. nonpartisan, officials explained that the ‘League believes that President Roosevelt's Administration has been so nearly coincident with its aims, that as an organization it is campaigning for the President's re-election. : Also at the meeting, which was attended by religious and professional people, was Dr. Howard M. LeSourd, dean of the graduate school of Boston University.

STERILIZATION TRIAL PROCEEDS TEDIOUSLY

By United Press *

SAN FRANCISCO, Aug. 18—The Hewitt sterilization trial struggled through a tedious cross-examination today to the exasperation of a courtroom filled with sensation-hungry spectators. Isador Golden, chief attorney for Drs. Tilton E. Tillman and Samuel G. Boyd, accused of depriving heiress Ann Cooper Hewitt of the capability of motherhood by surgery, had Miss Hewitt’s attorney, Russell P. Tyler, in the witness chair and was trying to force him jnto admissions supportin the defense’s charge of a conspiracy.

SPRINGER TO SPEAK

Raymond S. Springer, Republican gubernatorial candidate and former state American Legion commander, is to speak at the second annual reunion dinner of World War Nurses in the Muncie Y. W. C. A. next Monday night. All ex-service women have been invited to attend. Mrs. Theresa L. Magruder, 1112 Hoyt-av, is aceepting reservations.

FILLING STATION ROBBED Police today sought three men who were reported to have driven info a filling station at Southeastern and State-sts and robbed Tom Wheeler, attendant, of $20.

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