Indianapolis Times, Indianapolis, Marion County, 7 October 1936 — Page 26
JENIES STATE MILK GONTROL LAW IN TEST
Board Lawyer S23 Kroger Action Involves Only Court Jurisdiction.
A ‘proposed United States Su“preme Court appeal by the Kroger Baking and Grocery Co. in connection with an order of the Indiana
Milk Control Board will settle only | a matter of jurisdiction and not the | ‘ gonstitutionality of the 1935 act,’ Charles Daily, board attorney, said
today. In the event the high court up-
" holds a three-judge Federal court | "which threw out the original action | of the chain store for want of juris-
diction, a test of the law's constitutionality is not likely in this particular case, it was said.
An order issued soon after or- | ganization of the Milk Control |
. Board prohibited the Kroger com- |
pany from selling milk in its 44] - stores in Fort Wayne for 1 cent less than the price charged by wagon distributors. The Kroger company intituted action against the order, contending proper legal notice of the pro- | hibition of the 1-cent differential | had not been given.
Order Reinstated
The state board rescinded the or- |
_ der, which had been asked by producers and distributors to stabilize | the market in the Fort Wayne area, but later issued a similar order. Action was filed by the chain store in northern Indiana Federal District Court attacking constitutionality of the board's ruling. ~The board filed a petition to dismiss with the three-judge hearing | court, contending that body had no jurisdiction since the amount in-
volved was less than $3000—a re- |
quirement for filing Federal civil action.
HINT: COUGHLIN QUIZ
Dispatches dealing with the | visit of Cardinal Pacelli (above) papal state secretary, to the { United States, were given added | interest by speculation that the | cardinal would probe political ac- | tivities of the Rev. Charles Coughlin, “radio priest.” Sources | near the Vatican said the cardinal would examine “unofficially” the situation of the Roman Cath- | otic Church in the United States.
l. U.IS T0 ADVISE . WELFARE WORKERS
Indiana University} officials an- | nounced today that a special ad- | visory service is being offered wel- | fare workers in 30 southern. Indi- | ana counties. | Ralph H. Furst, assistant social | work professor, is to be available
| for consultation on public welfare |
{ problems. He is to assist social
workers with problems not other- |
wise covered by the State Welfare | Department staff.
U. B. MEMBERSHIP NOW 500,000, REPORT
{ The one-day evangelistic school ‘of | the White River Conference of the:
SAY LINDBERGHS TO STAY ABROAD
Friends Report Flier and Family Enjoy Privacy in England.
By United Press ENGLEWOOD. N. J, Oct. 7.Col. Charles A. Lindbergh does nc intend to bring back his family to the United States soon, friends of the Morrow family revealed toda.
Mrs. Lindbergh's mother, Mr: Elizabeth C. Morrow, returned yes-
terday from a visit’ with the Lincberghs in Kent, England. Accord - | ing to friends, Mrs. Morrow report - | ed that Col. Lindbergh and his wile | are enjoying a privacy denied the: |
9 in this country, and that their son,
Jon, is growing up inaware of h s|
parents’ fame,
LOSSES FROM FIRES LESS IN SEPTEMBER
Although more fire alarms were answered during September than auring the same period in 1935, the total loss is estimated at $4000 less, a report of Fire Chi¢f Fred C. Kennedy to the Safety Board showed today. @® The total loss in September, 19335, was, $11,584. Last month the estimated fire loss was $7500. A request for traffic signals at 12th and West-sts was made by Mrs. Mary Southern, P.-T. A. president al Crispus Attucks High School. More than 3300 school children use this intersection, she told the Safety. Board.
| |
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The petition was upheld and it is | | United Brethren Church in Christ h that decision of the hearing court closed last night in the First U. B.| ! that’ the Kroger company proposes | | Church with an address by Bishop § > to appeal to the United States Su- |] H. H. Fout, who outlined the foundpreme Court. | ing and progress of the U.® B. Reversal of the lower court by the | church. i Month supreme body would open the way | Bishop Fout said that the church 3 for the first Federal Court test on | now had a membership of approxi- ~ the merits of the 1935 state law. mately 500, 000. ! 30-day injunction against execution |. Milk Control law was upheld hy the | : Cost Less Frank Albert. a St. Joseph County | Schloss Bros. Co.
i Injunction Granted | J — PL That's All You Pay .of the state milk control board order ! Indiana Supreme Court in a de- | Quick Service milk dealer who refused to purchasc Consolidated With
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The three-judge Federal Court | Charge Included CHARACTER prohibiting the 1-cent differential. cision rendered during the NovemLiberal Policy a license.
has granted the Kroger Company 2 | « Constitutionality © of the State | L ib A N by ber term in 1935 on an appeal by $100 to $5,000
Citing cases in which the United | States Supreme Court upheld con- | stitutionality of the state milk con- | trol laws of New York and New Jer- | sey, reported to be similar to the re “Indiana legislation, the high state | eourt upheld the decision of the St. | Joseph Superior Court. . . the power of the Legisla- | ture to regulate and control the production, transportation, processing, storage; distribution and sale of milk for human consumption,” was up“held by the court.
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