Indianapolis Times, Indianapolis, Marion County, 4 December 1936 — Page 24

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INSISTS MILK CASEBERULED ~ OUT OF COURT

Lutz Claims Involved Sum Too Small for U. S. Jurisdiction.

‘Times Special = WASHINGTON, Dec. 4—Consti-

-tutionality of the Indiana milk con-

trol law will not be considered by ; the United States Supreme Court | 7 when the Fort Wayne milk case is | ;

‘argued here next Monday if Attor-

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| Gi x

ney General Philip Lutz has his|{ ig

way.

‘that the case should be ruled out of court on the grounds that there is not the minimurg amount of $3000 “involved for the court to assume Jurisdiction. “The constitutional right of the ‘state to make the order is not before the court in this appeal,” the Indiana brief declares.

© The order involved was issued by the Indiana Milk Control Board to prevent Kroger groceries from v8elling milk at 1 cent under the delivery price at Fort Wayne.

Holds Concession Sought

A three-judge court upheld the state and the Kroger company appealed to the United States Supreme Court. The case was accepted to the point of permitting jurisdictional arguments and if not ruled out on this point the constitutional question is to be gone into.

“What appellant seeks is not |.

equality, but special consideration, ‘and a special concession to undersell its competitors 1 cent per quart,” the state brief says. It also sets out that consumers, who might object to paying the additional cent, are not a party to the suit. X '

He has filed ‘a brief contending |?

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License Rush Doesn 't Faze Her

Miss Cleo Coynes, of 1543 Broadway, is all set for her first “siege” in the state auto license bureau. Apparently happy about the deluge

of applicants who soon are to be crowding the Statehouse basement, Miss Coynes is holding a sample of the new black and gold 1937 plates.

SENIORS TO PRESENT DRAMA SECOND TIME

Manual Training High School January graduating class is to give the second performance of class play “The Torchbearers,” tonight in the school auditorium.

Included in the cast directed by E.

Edward Green are Sheldon Craigmyle, Ruth Gran, Mildred Wall,

Mildred Brabender, Dorothy Atkinson, Ruby Miller, Helen Ann Cohn, Edward Rugenstein, Robert Paetz, Vernon Rosenbaum, Lawrence Weg-

horst and Jesse Marney. The first performance was given yesterday afternoon.

SKATING SIGNS PROMISED

The Park Board promised today to put signs along creeks warning boys of ice skating dangers.

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FRIDAY, DECEMBER 4, 1936

EUROPE WAR CLOUDS

PP Ingvolstad, Lansing, Mich., is to talk tonight on “War Clouds Over Europe,” before the Socialist, Forum, Room 31, at 29 S. Delaware-st, at 3 tonight, : At 8 p. m.. tomorrow. , on the third fioor of the Holliday Building, Ohio

and T0 BE SPEECH TOPIC | Socialist

Entered as

at

Eaten. DAINTINGS SHOWN BY

EX-NEWSPAPER MAN

Lester C. Nagley Sr, former Indianapolis newspaper man, opened his one-man water color show today at the Washington Hotel. There are approximately 25 small landscapes, painted last summer and fall in open of Brown County where

he <

Third Section

Second-Class Matter Postoffice, Indianapolis, Ind.

he was attempting to recover his health. The display is to be open daily from 11 a. m. to 5 p. m. and Tp. m. to 9p m. !

INNALES GAS; DIES Times Special LEBANON, Ind, Dec. 4. — Mrs. Norah Frances Henderson, 63, member of a prominent local family, died yesterday after inhaling gas from a

bathroom, heater.

Times Special : SHELBYVILLE, Ind. Dec. 4-=

electrical inspector was announced today by Mayor L. E. Webb. Mr, DeVore is to replace Lester Bailey, who resigned to become electric inspector for the Shelby County Rural Electric Membership Corp.

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