Indianapolis Times, Indianapolis, Marion County, 5 February 1937 — Page 3

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FRIDAY, FEB. 5, 1937

EE i 5 OC

ROOSEVELT URGES SWEEPING REFORM OF FEDERAL COURTS,

RIGHT TO ADD SIX JUSTICES

Strike Leader Meets Governor

| {

| 3

Proposed Measure Limits Membership of Supreme Bench

To 15; Special Message to Congress Couched in Sharp Language.

(Continued from Page One)

can take final, authoritative effect until it has passed through “the whole hierarchy of the courts.”

He charged that the effect of this in practice was to set | up the judiciary as an unofficial and extraordinary legisla-| :

tive arm of government.

“The judiciary,” Mr. Roosevelt charged, “by postponing

the effective date of acts of the Congress, is assuming an additional function and is coming more and more to constitute a scattered, loosely organized and slowly operating third house of the national legislature.” The extraordinary import of Mr.’ Roosevelt's message was emphasized by the manner in which it was submitted to Congress. Before the proposal was sent to Capitol Hill it was discussed in an unusual early morning assembly of Administration figures at the White House. House Chamber Only Half Filled

When read to the House membership—many of whom did not anticipate the proposal—the chamber was only half filled. However, radio microphones were set up to carry the message broadcast to the nation. First Congressional reaction—largely from leaders who

had been previously advised as to the purport of the plan— promised thorough and probably favorable consideration of |

the plan. Speaker of the House William B. Bankhead described it as a the House would act upon the program after extensive hearings, probably with a few modifications. In support of his legislative program for increasing the membership of the Supreme Court, Mr. Rossevelt asserted that: “The attainment of speedier justice in the courts below will enlarge the task of the Supreme Court itself and still

more work would be added by the recommendation which 1|

make later in this message for the quicker determination of constitutional questions by the highest court.”

Traces Change in Courts

He pointed out that there was nothing new about proposals for increasing the number of Supreme Court justices. “In almost every decade,” he said, “since 1789, changes have been made by the Congress whereby the numbers of

judges and the duties of judges in Federal courts have been |

altered in one way or another. “The Supreme Court was established with six members

in 1789: it was reduced to five in 1801; it was increased to |

seven in 1807; it was increased to nine in 1837; it was increased to 10 in 1863; it was reduced to seven in 1866; it was increased to nine in 1869.”

Mr. Roosevelt said flatly that the Supreme Court was al- |

ready laboring under difficulties due to the heavy press of litigation. “It seems clear, therefore,” he said, “that the necessity of relieving present congestion extends to the enlargement of the capacity of all Federal courts.

of judges to dispose of cases is the capacity of judges them-

judges frank discussion.”

Mr. Roosevelt pointed out that in “exceptional cases, of |

course, judges, like other men, retain to an advanced age full mental and physical vigor. Those not so fortunate often are unable to perceive their own infirmities.” “Only by speeding up the pro-&

“sound principle” for judicial reform and prophesied |

a subject of delicacy and yet one which requires |

cesses of the law and thereby reducing their cost, can we eradicate |

the growing impression that the | courts are chiefly a haven for the | well-to-do.” In support of his suggestion for | the addition of additional judges |

pointment of an additional judge is | This seems to be a |

indispensable. truth which cannot be contradicted”

No Constitutional Issue Mr. Roosevelt pointed out that no

to Federal courts, Mr. Roosevelt | constitutional issue was raised by Mid: his program of judicial changes.

‘If an elder judge is not in fact “These proposals do not raise any fheapacitated, only good can come issue of constituticnal law,” he

from the presence of an additional | stated. “They do not suggest any judge in the crowded state of the | form of compulsory retirement for judge is in fact impaired, the ap- However, he made clear that the IN INDIANAPOLIS 4 N : > | tonitis, Righway Users, luncheon, Claypool Hotel, | Pearl La Rue. 54 Methodist, | William Edward Tracv, 6 9 ¢ 1 tel. night. | acy, 6, at 2602 N. CL eal Rlcetrie Co.. meeting. Claypool | James, broncho-pneumonia. Exchange Club, luncheon, Hotel Wash- field, mitral stenosis. ington, noon {| Washington, noon. eon I hol. Printseraft Club, dinner. | Recreation Committee, Hotel Washington. 10 a.

dockets; if the capacity of an elder incumbent judges.” MEETINGS TODAY y , Merle Evans, 56, at Methodist, perinea Ini sors’ | mastoiditis Butler University Founders’ Day, ainner, . Hotel, 3 William Anderson. 60, at 1132 N. Shefindianapolis Brokers’ Association, lunch- | 1 Was ton, 6:30 p, m. Hotel Washing P.-T. A., meeting, m. Optimist Club, luncheon, Columbia Ciub,

OFFICIAL WEATHER

wm United States Weather Bureau ae

noon. ’ | pss Oise Assoeiation, luncheon. | yNDIANAPOLIS FORECAST Snow Phi Delta Theta, luncheon, Board of changing to rain late tonight or tomorTrade. oon, Delta. luncheon. Columbia | To%: rising temperatures; lowest tonight

noo about 25, Pi. Board of; ——

on ‘ Indiana Stamp Club, meeting, 135 N. Delaware St.. 8 np. m.

BIRTHS

Boys Berlin, Ethyl Wilson, at 3606 N. La Salle. Albert. Jessie Brown, at 1443 Bridge. John, Elizabeth Clemens, at 2835 Shiver. Milan, Mary Milanovitz, at 932 N. Alabama. : ' Richard, Bessie Buckley, at 424 Villa. Edward, Mary Schultz, at 2322 Valley. Jesse, Cleo Arnold, at City. John, Frances Battom, at City. Earnest, Henrietta Miller, at City. William, John Bunch. at City. Andrew, Willette Wilson, at City. Charles, Flonnie Hughes, at City. Girls Frank, Juanita Owen, at 420 N. Mored

Sunset Bisa 5:09 TEMPERATURE —Feb, 5, 1936—

luncheon, g Sunrise

6:30

BAROMETER ke ose e309 1 p.m. .... 30.10 | Precipitation 24 hrs. ending 7 a. m... .00 Total precipitation s Excess since Jan. 1 MIDWEST WEATHER Indiana—Snow changing to rain beginning late tonight or tomorrow; rising temperature. Illinois——Snow. changing to rai

ginning late tonight or tomorrow, temperature.

n. berising

Lower Michigan—Mostly cloudy, probable tonight and tomorrow; temperature tomoi)ow.

Ohio—Fair and continued colé tonight: tomorrow partly cloudy, slowly rising temperature.

Keatucky—Fair, slightly warmer in west portions tonight; tomorrow increasing cloudiness and warmer followed by rain in central and west portions in afternoon or at night.

WEATHER IN OTHER CITIES AT 3

Station. Amarillo, Tex. Bismarck, N. D Boston Chicago Cincinnati Creveland penver ..... ‘ Cl Dodge City. Kas. ... Helena, Mont, cass P Jacksonville, Fla. ... Kansas City, Mo. Little Rock, Ark. .

snow rising

land. Harry, Garnet Hawkins, at City. George, Hazel Williams. at City,

DEATHS

Priscilla Williamson, 80, at 4746 Brookville, arteriosclerosis. John Michel, 68, at 624 E. Raymond, coronary occlusion. Ray Shearer Trent, 57, at 4211 Sunset, streptococcic infection. Micha Jeanette Brumfield, 65, at 2857 N. Illinois, coronary thrombosis. Clyde Thomas, 6, at Riley, general peritonitis. James Henry Brill, 93, at 3916 Carrollton, chronic myocarditis. Mattie Jackson, 48, at 2307 Martindale, lobar pneumonia. Bertha Johnson, 48, at 1427'2 N. Senate, cerebral apoplexy

A.M. . Bar. Temp. 20.72 48

a. 2, at Riley, tuberculous

Robert Delmont Bell, 5 months, at Riley, tuberculosis. Paul Pattison, 36, at Long, sarcoma. David La Duke, 60, at City, bronchopneumonia, . Minnie F. Smith, 76, at 8 W. Michigan, hypostatie pneumonia. oseph Maria Lobraico, 80, at 2345 N. Illinois, earcinoma, Bernardo Esfolla, 48, at Veterans, infuenzad pneumoni Joseph Norton, 5 Babbitts, 80, at City. b ranklin Babbitts, , at City. bronchopneumonia. a R, Fiancises Maudie Lee Eskridge, 22, at 1514 Hiatt, status epileptus,

Wanpa. Ha. 5

D.C. ...Snow

Their faces indicating the seriousness of the problem they faced,

Governor Murphy, left, is shown with Mr. Lewis, C. I. O. chieftain, in

Detroit during negotiations to settle the strike. brought Mr. Lewis and General Motors officials, headed by Executive |

Governor Murphy

| Vice President Knudsen, face to face for the first time since the

| start of the strike.

Sheriff Calls

for Guard

To Help Evict Sit-Down Strikers in Flint Plants

Call Made to Governor Murphy Following Issuance of Writ to General Motors; Conference Halted at

(Continued from Page One)

| map a course of action, It was said |

| reliably that the leaders were con-

| amount of bail was learned. Word of the court action was

sidering surrender as soon as the’

Detroit as Leaders Confer on Plan.

of the labor representatives work- | ing with General Motors men to- | ward a basis for peaceful settle- | ment of the strike. | It was reported here that Mr. Pressman gave Governor Murphy first information of the writ,

| flashed to Detroit union headquar- |

| ters, which informed Lee Pressman, attorney for the Committee for Industrial Organization and one

(program both would relieve elderly |

| judges of the burdens now upon them and would ease their retirement from service, “H" sald Mr.

Roosevelt, “any

judge eligible for retirement should | | feel that his court would suffer because of an increase in its member- |

| ship, he may retire or resign under | already existing provisions of law if he wishes so to do.” Here Mr. Roosevelt offered full approval of the legislation al- | ready pending in Congress, which | provides voluntary retirement | full pension for any Supreme Court Justice who reaches the age of 70. The measure, he said, “has my entire approval.”

Points to Confusion

| Turning to the phase of lower | court declarations that Congressional statutes are unconstitutional, | Mr. Roosevelt pointed to confusion

| pretation of the law. “Such a welter of uncomposed | differences of judicial opinion,” he

| said, “has brought the law, the courts and indeed, ministration of justice dangerously | near to disrepute. Under lengthy legal processes and

“The law loses its most | pensible element—equality.”

Refers to Injunctions

“It is well to remember,” he said, “that during these long processes the normal operations of society and government are handicapped in

opinions in the lower courts and by the lack of any clear guide for the dispatch of business. Thereby our legal system is fast losing another essential of justice—certainty.” He strongly attacked use of injunctions to hamper law enforcement—"“sometimes,” he noted, “even without notice to the Government and not infrequently in clear violation of the principle of equity that injunctions should be granted only in those rare cases of manifest il- | legality and irreparable damage | against which the ordinary course (of the law offers no protection. “In the uncertain state of

| attacking the validity of new legis- | lation or its application. . . . Gov- | ernment by injunction lays a heavy { hand upon normal processes.”

| Called Cabinet Members

acute |

| President Roosevelt directed last!

| night at 7 p. m. that Cabinet mem-

bers be called into a special meeting

| shortly after 8 o'clock (Indianapolis | Time) this morning.

Also asked to attend were Senator

| Henry F. Ashurst (D. Ariz), chair- ' man of the Senate Judiciary Committee, and Rep. Hatton W. SumJudiciary Committee. leaders seated about his big mahogany

Mr. Cumming's study of the ju-

of the Reorganization Bill also sent to Capitol Hill.

his |

on {

arising from conflicts in the inter-

the entire ad-!

indis- |

many cases by differing and divided |

the | law, it is not difficult for the inge- | | nious to devise novel reasons for |

ners (D. Tex.), head of the House With the group of Administration desk, Mr. Roosevelt outlined his intended actien. He scanned his special message, reported results of

diciary and outlined the highlights

11500 at Work in ' Anderson

| Times Special ANDERSON, Ind., Feb. 5.—Frank | L. Burke, Guide Lamp Co. general | manager, announced today that ap- | proximately 1500 workers now are | being given part-time employment, He said that as many as possible of the employees will be given as {much work as possible so long as the plant is operating on a curtailed schedule. | Peaceful picketing continued at | the plant, with between 75 and 90 | picketers parading along the road- | way in front of the offices.

| Conference Halted as Leaders Study Writ

By United Press | DETROIT, Feb. 5—Peace conferrepresentatives

{ences between | mittee for Industrial Organization | were interrupted today by word from Flint that the Sheriff of Gene- | see County had been ordered to ar-

| rest 15 union leaders and throw 120 |

| sitdown strikers out of Fisher Body Plants 1 and 2. | The sixth meeting between Wil- | liam Knudsen, executive vice presi- | dent of G.M. C., and John L. Lewis, chief of the C.I.0O, was one hour and 11 minutes old when the news | came from Flint that Judge Paul V. Gadola had signed the eviction writ. Lee Pressman, C. I. O. counsel and one of the conferees, rushed out of the meeting to plan legal defense. Governor Frank Murphy, special mediator for President Roosevelt, re~ained in the chamber with other negotiators for some time. It was the second time in this strike that conciliation had been in= terrupted by an eleventh hour incident. On the eve of collective bavgaining talks last month, the union canceled evacuation of the plants because it learned General Motors had agreed to bargain collectively with nonunion workers in the Flint Alliance, Governor Murphy had painstaxingly reconstructed the fabric of negotiation until—pressed by President Roosevelt for a settlement—it had appeared that conditions were favorable for a compromise today,

Seek to Broaden Senate Investigation

By United Press WASHINGTON, Feb. 1. — The Neely resolution for Senate investi-

broadened today to include all auto{mobile and farm implement concerns, at the suggestion of members of the Senate Education and Labor Committee. Senator William E. Borah (R. Ida.) led the proposal to extend the suggested inquiry to farm implements, Senator M. M. Neely (D. W. Va.) and Lieut. Gov. Thomas Kennedy of Pennsylvania, secretary-treasurer of the United Mine Workers of America, appeared as witnesses before the committee as it considered whether to recommend the investigation. GREENSBURG MAN DIES GREENSBURG, Ind. Feb. 5-— George W. Adams, connected with local baning institutions for 54 years, die n Memori last night. He was 77. Bl Hospital

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THE INDIANAPOLIS TIMES

PAGE 3

SOAKED STORES

ARE REOPENED AT NEW ALBANY

Cleanup Work Started as Governor Arrives on Inspection Tour.

(Continued from Page One)

workers to clean out flooded communities in accordance with a plan outlined by Harry Hopkins, Federal Relief Administrator, in Evansville late yesterday. Governor Townsend, Mr. Hopkins, Indiana National Guard, State Health Board, WPA and Evansville officials conferred on flood relief and sanitation yesterday.

Materials May Be Furnished WPA will furnish labor and mate-

| rials if necessary to speed the work

of sanitation, and later will employ all flood victims in need, State Director Coy said. The Red Cross is to bear the cost of rehabilitation on a basis of individual needs, and the Federal Housing Authority and the Reconstruction Finance Corp. may formu-

late a program of loans to flood vic= | and passage of a State Budget Bill,

tims, Mr. Coy stated. Mr. Hopkins urged that refugees be forbidden to return to homes until the water supply is absolutely safe and praised the efficiency of the Indiana flood organization, He said the two Indiana cities

which would need the most aid were

Evansville with 30,000 persons homeless, and Jeffersonville, which was 90 per cent under water.

20,000 Need Aid

It was estimated that 20,000 Indiana flood refugees would require outside aig and that 2000 farm families were effected seriously by the flood. Mr. Coy indicated that the Resettlement Administration might rehabilitate farmers in need. Members of the President's Flood Commission who accompanied Mr. Hopkins were Dr. Thomas Parran, U. S. Public Health Service Surgeon General; Maj. Gen. E, M. Markham, chief of the U. S. Army Engineers; Col. F. S. Harrington, Chief WPA Engineer, and James Fieser, American Red Cross vice chairman, Military law was lifted from all but the inundated sections of Evansville yesterday. States Are Criticized Maj. Gen, Markham at the Evansville conference vigorously criticized Ohio Valley states for failure to make use of a seven-year survey made by the Army engineer on flood control. “In the event of another catastrophe,” he said, “the Ohio Valley should seriously consider the Army survey.” Although a foot of water still remained in the Boonville water supply pump house, a daily analysis reported water supply good. Floods at Bullocktown, southern Warrick County dropped 28 inches. Coast Guardsmen dragged a three-room house from the Ohio River at Newburg, according to reports. The home was roped to shore. No indications of its previous site were found.

ARRAIGNED ON 6 CHARGES By United Press VINCENNES, Ind. Feb. 5.—Bayard Lucas, 51, who said he broke jail because he failed to get a quick trial, was granted that privilege today when arraigned on six charges resulting from the jail break. He pleaded innocent to all charges except jail breaking.

their |

Death of Woman Struck

By Auto Brings County's 1937 Traffic Toll to 19

Driver of Car That Hit Mrs. Mary J. Murphy Arrested for Failure to Have Operator’s License; Truck Crushes Man’s Knee.

Death of Mrs. Mary J. Murphy in St. Vincent's Hospital early today brought Marion County's 1937 traffic toll to 19. Mrs. Murphy, who lived at 352 N. Arsenal Ave. was 58. | Police arrested Mike McGlenn, 36, of 338 N. Rural St. for having no | driver's license. They said his car struck Mrs. Murphy and her companion, Mrs. Rose Pranger, 124 N. Oriental St., on Highland Ave. and

| flood control and relief measures

| beverage.

Washington St. last night.

ACTIONDUEON BUDGET, RELIEF

Heavy Calendar Schedule Faces Assembly When It Reconvenes.

Flood relief for Indiana refugees

are expected to be featured measures on the Legislature's calendar when it reconvenes here Monday after a 10-day recess. Recessed because of the flood, the legislators are expected to hold allday sessions with possibly night meetings in order to complete their work. To clear the way for passage of

and Administration bills, a conference committee of senators and representatives was said to have met and earmarked some bills for demise in committee.

‘Pet’ Bills Doomed

«pet” measures, such as a proposed appropriation for $1,000,000 for a northern branch of Indiana University in Lake County, are labeled as being sent to the legistive mortuary. I measures, said to be under the knife would require industrial plants to close in case of a strike; change in the petty loan interest rate; a 30-hour work week; establishment of a proposed $3000 exemption on residential property; and a redistribution of gasoline tax

funds. Lake County legislators are €Xpected to bring in a series of amendments to the Alcoholic Beverages Act. The amendments, it is said, would outlaw package liquor, eliminate retailing of liquor by drug stores, and prohibit sale of drinks in clubs in affected areas near 62 ms. Soy ns aned to “liberalize” liquor control in Indiana, the amendments would force sale of liquor by the drink in 62 towns that now probihit “py-the-drink” sales, or would bar the sale of any kind of an alcoholic

Single license fees in all counties Ons first, second, and third class cities also is sought. The fee would be $700 for one permit to sell beer, wine, and liquor. Gross income tax payments for retailers would be cut in half in a bill prepared for introduction in the Senate by Senator Arthur L. Deniston, Rochester. The bill provides for a rate of one-half of one per cent on income derived from retail sales instead of the present one per cent. hor Deniston estimated the reduction in rate would slice $4,500,000 from the gross income tax

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Mrs. Pranger also was in St. Vincent's Hospital, but attendants said she was not hurt seriously. Mrs. Murphy died of a fractured skull.

Knee Is Crushed

James Philpott, 22, of 809 W. New York St., suffered a crushed left knee when he cranked a truck in gear near the home of Elvis Neely, 2440 S. Dakota St., and it pinned him to a coal shed. Detective Sergeant Harry Connor, 58, was knocked down last night by a car driven by a young woman as he crossed 16th St. at Meridian St. She was not held. Mr. Connor was reported in fair condition at City Hospital with back injuries.

MARION COUNTY TRAFFIC TOLL TO DATE

TRAFFIC ACCIDENTS Accidents Injured TRAFFIC ARRESTS Speeding Running red light. ............ Preferential street ......c.00.. No driver's license. .....co0004. Improper parking ......o000.00 Improper lights ....... Reckless driving

serene

PARLEY TO DISCUSS BASIC LAW CHANGE

By Scripps-Howard Newspaper Alliance

5 | tirely free of these evils.

BUTLER SENIOR ASKS STUDENTS T0 SHUN “SMS

Speaker Opens Observance Of Founders’ Day at University.

Butler University students this morning were urged to “challenge the political demagogue who wants to give everybody something for nothing” by Joseph Calderon, Sutler senior, at the Founders’ Day convocation in the Fieldhouse. Judge John A. Titsworth, Rushe ville, trustee; Dean W. L. Richard= son and William T. Pearcy, alumni president, were other speakers at the convocation. Tenight the “Founders Day Bane quet” is to be held in the Clay pool Hotel with Clyde E. Wildman, DePauw University president, speaking on “The Place of the Church-Related College in a Sys= tem of American Higher Education.” Reviews Founding In his address this morning Judge Titsworth reviewed the founding of the University and its original charter grant in 1850. Mr. Calderon in his plea for cole legians to resist “isms” said in part: “Some serious thinkers are asking, ‘Can democracy continue in the face of modern trends?’ On foreign soils war appears inevitable; dic= tators have gained unprecedented control; exponents of the ‘ism’ phil osophy of government seem to have taken Europe by storm—and storm troopers. “Here in American the ‘ism’ threat is not so alarming. Yet, discontent= ment ard oppression breed these radical elements and we are not en= Simul= taneously, we are faced with such overwhelming problems as unemployment, labor strikes, bankrupt farmers and heavy taxes, which even promise to become more ine tolerable as huge debts pile up. Flood Causes Task

WASHINGTON, Feb. 5.—~The na-

tional conference to discuss a New Deal amendment to the Constitution will take place here March 18 to 20, it was learned today. Senator George W. Norris (Ind. Neb.), grand old man of the progressive movement, is to preside. Other notables, including Governor Frank Murphy of Michigan and Dean Lloyd Garrison of Wisconsin Law School, already have approved an outline pf the proposed amendment.

bill of retailers. He is of the belief, however, that there would be less “chiseling” on part of retailers if they had a lower rate of payment, The Gross Income Tax Department has an amendment prepared to increase the retailers’ exemption from $1000 to $3000. Senator Deniston doubts that the exemption can be raised, constitutionally, raised for all classes under the law.

for one class and not |

“Then, too, the rehabilitation of | the towns and cities evacuated by | the flood refugees present a task re- | quiring the best in ingenuity, co= | operation, and courage that America | possesses. | “If the university people do not |attempt to answer these challenges of modern times, who will? “The same courage which prompt ed college men to serve bravely in the wars, the same spirit which sent many Butlerites to the flood area to aid in the emergency, that same force must compel us to challenge these movements which say that democracy, that a liberal point of view, that universal education are no longer practical. Then, I am sure, the Founders will be satisfied that what they sought had not been in vain.”

TREASURY OFFICIAL DEAD KENTON, O., Feb. 5.—William W, Durbin, 70, register of the U. 8. Treasury and former chairman of the Ohio Democratic Executive Committee, died of heart disease at his home here last night.

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