Indianapolis Times, Indianapolis, Marion County, 22 March 1937 — Page 1

SCRIPPS = HOWARD

BAKER HEARING IS BLOCKED BY CHIEF JUSTICE

Writ of Prohibition Against Criminal Court Judge Is Issued.

PROBERS’ REPORT READY

Findings to Be Presented to Governor Townsend, Says Senator Bedwell.

(Text of Writ, Page Three)

A. Cancilla cases pending a Supreme | Court hearing next Monday. Prosecutor Herbert M. Spencer, | was granted the writ of prohibition. Joel Baker and Cancilla are charged with malicious mayhem and assault and battery with intent to kill Wayne Coy, State Welfare Director. The writ was served on Judge Baker before he had ascended the bench for the Monday docket. Joel Baker and Cancilla were in court with their attorneys, William C. Bachelder and Andrew Jacobs, respectively, awaiting arraignment. Judge Baker said, however, “I had no intention of arraigning these men today anyhow.” The Prosecutor's action today grew out of his petition Friday for 2 change of judge, which was blocked when Circuit Judge Earl R. Cox granted Cancilla a temporary restraining order. Hearing on Cancilla’s injunction plea was set for next Saturday by Judge Cox.

Final Report Issued

“If the writ of prohibition had not been issued against Judge Baker,” Prosecutor Spencer said, “and they (Cancilla and Joel Baker) had been arraigned before him, it would have left a loop hole for the defendants to claim double jeopardy.” He explained that under the Federal Constitution, defendants in criminal cases have recourse to appeals if placed in double jeopardy. He claimed double jeopardy would have been brought about if they had been arraigned before one judge and then tried before another, Meanwhile the final report of the legislative committee which investigated Cancilla’s attack on Mr. Coy in the State House March 1 and Joel Baker's alleged lobbying activities, was to be filed with Governor Townsend today, Senator Charles H. Bedwell, chairman, said. In his Supreme Court plea today, Prosecutor Spencer alleged that unless prohibited, Judge Baker “will proceed to arraign said defendants and to take their respective pleas of guilty or not guilty, and will further exercise jurisdiction . . .; that such exercise of jurisdiction . is contrary to law.”

Sets Monday for Hearing

Justice Tremain set March 29 at 9 a. m. for hearing on the prohibition writ, at which time Judge Baker is ordered to “show cause, if any you may have, why you should not be absolutely prevented from any further proceedings in said matters.” Prosecutor Spencer acted under a State law passed March 6 in asking that the Supreme Court clerk select three competent persons from whom the trial judge would be selected. In his petition for a restraining order, Cancilla charged the law is unconstitutional, claiming it delegated judicial powers to an administrative official. Mr. Spencer objected to Judge Baker sitting in the Joel BakerCancilla case and also to the selection by Judge Baker of a panel of three persons from whom a special Judge would be selected. The Prosecutor alleged that “by reason of the interest, bias and prejudice” of Judge Baker ‘a fair and impartial trial could not be had. Joel Baker, ousted County Welfare Director, formerly was investigator in Judge Baker's court. The Legislative Committee's final report, drafted at a session Satur(Turn to Page Three) EX-GOVERNOR DIES By United Press PHILADEL®HIA, March 22.—Funeral plans were made today for Edwin Sydney Stuart, Governor of Pennsylvania from 1907 to 1911, who died yesterday at his Overbrook

{ when Robert broke away from his

{ the shaft.

| the Women's World Publishing Co.

home. He was 83.

The Indianapolis Times

showers by tomorrow afternoon or night; not much change in temperature; lowest tonight 35.

FORECAST:

VOLUME 49—NUMBER 9

Boy Killed

Robert Shannon

TUMBLES DOWN ELEVATOR SHAFT

Increasing cloudiness tonight;

PERMIT TO USE GAS LACKING, OFFICIAL SAYS

School Head Tells Board Fuel Was Taken From Private Line.

NEW CLUE REPORTED

Fatal Spark Resulted When

Electric Switch Was Thrown, Belief.

(Photos, Page Three) By United Press NEW LONDON, Tex. March 22.— William C. Shaw, 61, superintendent of the New London School, admitted before a military board of inquiry

| today that the gas which apparently

Youngster, 5, Darts From Parents on Third Floor Of Garage Here.

Grieving parents today planned funeral services for 5-year-old Robert Lyle Shannon, who fell 30 feet to his death yesterday. Robert, son of Mr, and Mrs. Wilbur Shannon, 3645 Forest Manor Ave, was injured fatally when he tumbled down a freight elevator shaft in an automobile sales building at 1035 N. Meridian St. The child was with his parents, who were inspecting automobiles on the third floor of the establishment, and Paul Leach, 1704 N. Delaware St., a salesman. They were walking to the elevator, police were told,

mother and ran ahead. While his parents called for him to stop, Robert ran to the rear of the elevator and stepped off into He fell to the main floor, He was taken to Methodist Hospital where he died in the admitting room. Mr. Shannon is manager of

Besides his parents, the child is survived by his maternal grandfather, H. A. Dobratz, Hutchison, Minn.; his paternal grandfather, H. R. Shannon, Indianapolis, and an uncle, J, H. Shannon, Indianapolis. Funeral services are to be in the Shirley Bros. Funeral Home, but the time has not been fixed. Burial is to be in Crown Hill,

BEECH GROVE SUED BY WATER COMPANY

The Indidnapolis Water Co. today filed suit in Superior Court against the City of Beech Grove for $5304, claimed due for furnishing water for fire protection the last nine months of 1936. Beech Grove officials had claimed they lacked funds to pay the bill.

BOB BURNS

Says: March 22—

In order to make a success in any kind of work, you've jest got to have Bh Cceryiain amount of confidence. But there is such a thing as havin’ too much of it. Then it gets to be conceit. I've noticed -his, especially in show business. There was a | b ass concert singer out here that had made quite a reputation for himself with his voice. One day, a big studio sent for him and they told him that they wanted a big chorus for a picture, and asked him if he could organize it. He says, “I can give you the biggest and best chorus that's ever | been known in history.” The studio | executive says, “Well, I'll take a| chance with you—now what do you! need in the line of singers?” The singer says, “Well, I want about 4000 tenors, 3500 altos and 5000 sopranos.” The executive says, “That sounds pretty good, but how many thousand bassos will you need?” The singer says, “Oh, you won't have to bother about gettin’ any of them—I'm gonna sing bass myself!” (Copyright, 1937)

UGH! SULPHUR AND MOLASSES TIME . .

}

exploded, killing 426 persons last Thursday, was taken without permission from the pipelines of a private company. Just before he had completed his testimony, Mr. Shaw virtually collapsed. He was assisted from the witness chair to an anteroom while additional witnesses were summoned. This testimony came after a 16-year-old survivor of the explosion stood before the court and showed that his hair had been singed in the blast. From him came the first direct clue to the source of the spark that apparently detonated pockets of gas that had formed from faulty connections or equipment. The youth, John Dow, testified the explosion, accompanied by a flash of flame, came from the subbasement when a manual training instructor threw an electric switch to a sanding machine. Mr. Shaw, his head bandaged, said that the Parade Gas Co.'s natuial gas pipeline under the campus was

tapped without the company’s per- |

mission. Warned of “Trouble”

He also said that officials cf the United Gas Co. from which the School Board previously bought its gas, had warned. him that “the Board might be using a dangerous gas.” He said that a United Gas Co. official told him that “you might get into trouble.” Floyd Hunt, school janitor, testified that a crew otf the New London school janitors had made the connection. A pipeline was constructed in a shallow ditch several hundred yards from the school to the Parade line. The union was made in a shallow ditch and later was covered with earth after it had remained exposed for two or three days for line tests, the janitor said. Mr. Shaw admitted that after the connection with the Parade Company's line was made that the Board asked United Gas Co. officials to leave a skeleton connection at the building so that a connection (Turn to Page Three)

GITY TO BUILD TWO SCHOOL ADDITIONS

Three Portable Structures to

Be Abandoned.

The School Board today approved preliminary plans for two new school additions, costing approximately $100,000, and eliminating three portable structures. Plans call for a two-story brick building containing auditorium, gymnasium, stage and two classrooms at School 35, Madison and Raymond Sts. It will replace one portable building. At School 47, two-story brick

1240 W. Ray St. a structure with two

classrooms is to replace two port- |

ables, according to plans. The Board hopes to start con-

struction work on both projects

about June 15. When these three structures are abolished together with one to be replaced by a new building nearing completion at School 68, ony seven portable buildings will be in use in the public school system. A $200,000 school city loan to meet current operating expenses was awarded today to six Indianapolis banks who submitted a joint bid of par, plus 2 per cent and a $48 premium. The loan is made annually in anticipation of spring tax collections, officials said.

temporary

MONDAY, MARCH 22, 1937

Some Fun

Police Have Never a Dull Moment ; Maybe It’s Spring.

HEW! Some week-end,” police officers sighed as they left headquarters late yesterday. They remembered, first of all, their two-hour task of dragging the canal for a boy on a bicycle, only to learn that the boy, back after donning dry clothes, had been standing there most of the time watching them labor. They were summoned by an 8-year-old girl who said she saw the boy ride in and fail to emerge. Later she found him in the crowd at the canal bank. Then there was the task of breaking into an absent citizen's home and turning off the hot water heater. They did this in response to a long distance phone call from James Durham, 603 N. Bradley St., requesting them to break into a relative’s home. He had gone to Muncie and remembered the gas still was burning under the tank in the basement. ” ” ” HORTLY afterwards, an out-of-town visitor came to headquarters to report an accident. She left her automobile in front of police headquarters. Completing her errand, she returned to her car to find it had been entered and a suitcase full of clothing valued at $7 stolen. Robert French, 321 E. Walnut St., reported the theft of his automobile by a hitch-hiker, who shunned lonely highways to rob him, but waited until they arrived on Monument Circle. There, Mr. French told police, the man he befriended drew a revolver and forced him out of the car. And to top off the day, they were sent to Illinois and Vermont Sts. to search for two would-be bandits who had been naive enough to let their intended victim go home for his money. They had left when police arrived, however.

63,000 PUPILS AWAIT | '37 SPRING VACATION

Fred Eisenhut Has Big Job For Street Workers.

LOCAL TEMPERATURES

6 a.m 33 -10.a. m... "a.m... 33 Ham... 8a m... 38 12 (Noon) 47 9am. 42 1pm 51

Indianapolis’ 63,000 public school pupils, their minds on kites and roller skates, looked out of gloomy class room windows at the first working day of spring and counted the hours until Friday afternoon— starting date for their spring vacation. Spring has the opposite meaning for Fred Eisenhut, City Street Commissioner. He ordered graders to start work April 1 to remove approximately 150,000 tons of sand and cinders thrown on icy streets during winter months. The Weather Bureau said today there will not be much change in temperature, but said spring showers were due tomorrow afternoon. Coldest temperature tonight is expected to be about 35. School spring vacation lasts until April 5,

UNDERWOOD’S TRIAL IS SET FOR APRIL 5

Harry V. Underwood, held under $25,000 bond since last June on an affidavit charging embezzlement, pleaded not guilty before Judge Frank P. Baker in Criminal Court today. Announcing he would overrule any motion to quash the affidavit, Judge Baker set the trial for April 5, saying he would not permit a postponement “because Indianapolis gam-

43 46

i blers want the delay.”

TIMES FEATURES ON INSIDE PAGES

Bridge Broun Comics Crossword Editorials Fashions Financial

6 Movies { Mrs. Ferguson 11 Mrs. Roosevelt.11 Music

Scherrer Society ... Sports State Deaths..18 Sullivan ......11

Grin, Bear It.16 Jane Jordan . 6 Merry-Go-R’'d.12

OH WELL, MAYBE I'LL LIVE THROUGH IT . .

{b COUNTRY std]

(OLASSES |

16% cpring—molasses and sulphur Hg fo Indinapols boys and shi And Richard Kennedy, 18 X. Rural St, ssa bis trom his moths

LEGION CLUBHOUSE

8 | caused damage estimated at $1200

HOME BUILDING HERE TRIPLES

1936 PROGRAM

$621,000 Activity in TwoMonth Period Reported By Dodge Corp.

RISING COSTS FACTOR

Total Construction Contracts Are 83 Per Cent Over Last Year.

Residential building in the Indianapolis area during the first two months of 1937 tripled that of the corresponding period a year ago, according to the F. W. Dodge Corp. building news service. The report said that during January and February, residential building amounted to $621.000 compared to $200,500 the first two months of 1936. Contracts awarded in February amounted to $432,500, compared with $102,500 in February, 1936, it was reported. Rising costs to builder and buyer in the small house field may be in part responsible for the pickup, the service explained. Construction contracts awarded in Indianapolis during the first two months of the year were 83 per cent above those for the similar period a year ago. The total was $1,815,000 against $994,000. Private construction amounted to $1,604,700 during the first two months of the current year against $400,000 the first two months of 1936.

TWO FLOOD CONTROL PROJECTS APPROVED

By United Press WASHINGTON, March 22.—The | Works Progress Administration today announced Presidential approval of two allotments for flood control projects at Indianapolis totaling $974,855. One project is for widening and cleaning of the channels of the White River and construction of levees from a point south of Kessler Blvd. to a point below the 13th St. bridge for which $788,340 was allotted. : The other project was for similar improvements in and along the White River from College Ave. to Broad Ripple dam. The allotment was 3186515. 515.

GOTTSCHALK NAMED PRISON SUPERVISOR

Governor Picks Legislator For Newly Created Post.

Thurman A. Gottschalk, Berne, Senate majority floor leader in the last Legislature, today was named Supervisor of Penal and Benevolent

Institutions by Governor Townsend. This appointment, it was said, partially rescinds an executive order by former Governor McNutt which placed all of these institutions under the State Public Welfare Department. Mr. Gottschalk will be under the Executive Department, but will cooperate with Welfare officials. No salary was set for this newly created position. Originally scheduled to become the new State Public Welfare Director to succeed Wayne Coy, Mr. Gottschalk was given this new position, it was said, because his leadership and support of new Welfare legisiation made him, in effect, ineligible to succeed Wayne Coy.

DESTROYED BY FIRE

Fire destroyed the American Legion clubhouse, a caretaker’s home and a garage at R. R. 15, Box 123 today. Firemen placed the damage between $3000 to $5000. Firemen were handicapped by lack of water. The blaze was believed to have started on the clubhouse roof. Truman Lamar is the caretaker, Sparks today started a fire which

to the home of William Frye, 809

Euclid Ave.

Entered as Second-Class Matter at Postoffice, Indianapolis, Ind,

Gives Views

Chief Justice Hughes

DETROIT POLIGE EVICT STRIKERS

Auto Union Threatens to Ask Recall of Mayor Couzens.

BULLETIN By United Press LANSING, Mich.,, March 22. —Threats against the life of Governor Murphy to influence his activity in Michigan labor troubles were revealed by the executive on his return to the capital today.

By United Press DETROIT, March 22.—Police continued their eviction drive against sit-down strikers today, and the United Automobile Workers, believing law enforcement agents might move against 6000 Chrysler Corp. sit-downers soon, threatened to draw up a petition asking for the recall of Mayor Couzens. Homer Martin, U. A. W. president, received reports that sit-downers had been driven out of the Fort St. WPA station and the Thomas P. Henry printing plant, and then renewed his threat to call a general strike in Detroit automotive plants. “Will it happen today?” he was asked. “Anything might happen today,” | Mr, Martin replied.

Meeting Permit Refused

The union and Detroit law enforcement agents moved closer to a showdown after the City Council rejected an application by U. A. W. leaders to hold a mass meeting in Cadillac Square tomorrow evening. Mr. Martin said the meeting would be held anyway and that he would be one of the speakers. Governor Murphy went to Lansing, the state capital, but said he would keep in touch with the Detroit strike situation. Mr. Martin wrote him a letter, asking Governor Murphy to “give the workers of this state a square deal by demanding that the Chrysler Corp. abide by the Wagner Labor Act. The union, whose leaders continue to negotiate with Chrysler executives on the sole collective bargaining issue, offered to withdraw sit-down strikers if the corporation would grant the U. A. W. exclusive bargaining rights for six months in all struck plants. The corporation rejected the offer.

Law to Provide Presidential

‘Intervention Urged

By United Press WASHINGTON, i4arch 22.—Tte National Association of Manufacturers today stepped into the widespread labor-capital controversies with a recommendation that Congress endct legislation permitting Presidential intervention in serious disputes. The association's proposal that the Chief Executive be given “wider latitude in handling labor controversies” was made public as Government officials strove to avert a threatened general strike in Detroit. Other strikes dotted the East and Middle West. The proposals, advanced by C. M. Chester, Association's Board chair(Turn to Page Three)

Delicious Steaks! Balanced Meals. Charley’s Restaurant, 144 E. Ohio St. —Adv.

NOW, JERRY, THIS IS NOT FOR YOU! . . .

“Jerry”, Richard's pet, wonders what. all the excitement is about, And. even though warned, decides to try it , ¢ » much to

HOME

FINAL

PRICE THREE CENTS

HUGHEY

LETTER

DEFENDS COURT AGAINST CHANGE

Formal Statement From Chief Justice Read At Judiciary Committee Hearing by Foes of Roosevelt Plan.

AMENDMENT PROPOSAL IS

PUSHED

Majority of Opponents Would Support Such a Move, Senator Wheeler Declares; Others Indorse Suggestion.

(Text of Hughes’ Letter, Page 14)

By United Press

WASHINGTON, March 22.—An expression by Chief Justice Hughes that President Roosevelt's judicial reorgani« zation plan would “impair” Supreme Court efficiency today touched off strong Judiciary Committee sentiment to substi« tute a constitutional amendment for the President's court

program.

The Chief Justice’s views—first formal expression of Supreme Court sentiment on the controversial judiciary question—were presented in a letter read by Senator Wheeler (D. Mont.), first witness to oppose Mr, Roosevelt's program at the Judiciary Committee hearings.

# u "

Highlights

By United Press WASHINGTON, March 22. —Highlights from Chief Justice Charles Evans Hughes’ letter concerning President Roosevelt's judicial reorganization proposals: “An increase in the number of Justices of the Supreme Court ...would not promote the efficiency of the Court. It is believed that it would impair that efficiency so long as the Court acts as a unit.” un ” ” “The Supreme Court is fully abreast of its work... There is no congestion of cases upon our calendar.” ” n ” “As a result (of the Supreme Court's refusal to hear many cases) many frivolous appeals are forthwith dismissed and the way is open for appeals which disclose substantial questions.” un n n “No single court of last resort, whatever the number of judges, could dispose of all the cases... which litigants would seek to bring up if the right of appeal were unrestricted. u n un “It is not the importance of the parties or the amount of money involved that is in any sense controlling” (on whether cases should be accepted).

$2000 TAKEN FROM SHOE STORE'S SAFE

Yeggs Cut Way Through Floor of Building.

Burglars who cut their way into Baker's Shoe Store, 38 W. Washington St. ripped open the safe and escaped with more than $2000, according to the manager, Edward Sterneck. He discovered the burglary when he opened the store shortly after 7 a. m. today. An investigation by Detectives Edward Glenn and George Stewart showed that the yeggs used a pass key to open a door leading into a second floor hallway over the shoe store.

ALADDIN EMPLOYEE BEATEN By United Press ALEXANDRIA, Ind.,, March 22.— James McAlister, employee of the Aladdin Industries plant, was beaten severely today while soliciting memberships for the Citizens League for Industrial Security, organized yesterday to attempt settlement of a strike at the factory. Mr. McAlister said his attackers were strikers, armed with clubs.

Senator Wheeler led the move to substitute a constitu« tional amendment for Court enlargement and stated that a “majority” of the foes of Mr. Roosevelt's plan would support a drive for quick passage of an amendment,

His proposal met strong approval from Senators O'Mahoney (D, Wyo.), who proposed that the com= mittee cut short opposition testi mony and ‘seek to agree on an amendment plan, :

Justices Approve Statement The Hughes’ letter was concurred

[in by Associate Justices Van Dew

vanter and Brandeis, deans of the conservative and liberal court face tion. Justice Hughes said he believed it reflected substantially the views of the rest of the Court. The Chief Justice, emphasizing he was commenting only upon the technical rather than the policy phase of the Presidents program, expressed belief additional justices would detract rather than increase efficiency of the tribunal,

Cites Constitutional Language

He cited the language of the Cone stitution to express doubt of the constitutionality of any plan to divide an enlarged court into groups of justices for the hearing of different types of cases. He attacked the contention of some proenlargement witnesses that pressure of Court business prevented adequate consideration of all cases appealed to the High Court. Senator Wheeler, emphasizing his agreement with Justice Hughes’ picture -of Court conditions as well as his sympathy for the objectives of Mr. Roosevelt, then proposed that a constitutional amendment was the proper approach to the problem. He said he was certain that the

| bulk of opponents of the Court plan

would rally to support any amendment proposed by the President and predicted that quick ratification by the states could be achieved.

Executive Session Proposed

“I've talked to practically all who are opposed to this plan,” said Senator Wheeler. “They're willing to submerge their own ideas and vote for any reasonable plan.” “I suggest,” interrupted Senator O'Mahoney, “that after hearing one or two more witnesses we go into executive session and try to agree on an amendment, We could take a recess to do it.” Chairman Ashurst (D. Ariz.) ope posed Senator O’'Mahoney’s sugges= tion, pointing cut that this would cut short opposition testimony. The committee left the question for later determination after Senator O’'Ma-= honey persisted that deadlock on the court bill was holding up vital legislation of all types.

ANN HARDING ILL By United Press LONDON, March 22.—Ann Hard ing, film star, was ill in bed with bronchitis today at her country resi dence in England.

THERE, DON’T SAY WE DIDN'T WARN YOU . .

PHIR

vR a —Times Photo. , his regrets