Indianapolis Times, Indianapolis, Marion County, 29 March 1937 — Page 3

MONDAY, MARCH 29,

1937

THE INDIANAPOLIS TIMES

PAGE 3

COURT UPHOLDS Back F rom Vacation—and Right to Work SIX KILLED IN 30 Men Are Arrested as

MINIMUM WAGE AND RAIL ACTS

Frazier Farm Law Also Given

Favorable Decision by U. S. Tribunal.

(Continued from Page One) with the decisions valid other New Deal easily have sharp effect Roosevelt's tions in the Court. The strong division of the Court s marked in the minimum wage with Justices George SutherPierce Butler, Wills Van Devante James C. McRevnolds senting strongly from the Court's new position

gether ident

wa case land, and

ais

Sutherland Offers Dissent

The dissenting opinion written by

tice Sutherland appeared {0 ap-

mn urrent judicial contro-

SY as well he Court Under oul L€ Just written terms, is the of necessity to say the the validity of a uncon stitntional The Constitution the power has this Court when in a controversy

tion;

the ¢

in the case before

as

of government.’ “where

form Sutherland, Constitution, by its own supreme law, some must have the final word as to statute assailed as

Ce

agency, power

makes clear been intrusted the question within its long as the there its exercise without betraval

{hat 10 arises and so remain be avoided

the trust

mrisai YOY cannot

Ol

Cites ‘Delicacy’ of Function

ice Sutherland pointed to the

the judicial function that

favor

delicacy” of

and to the fact “doubts must

be resolved in of the consti-

tutionality of the statute.’

The

the only

sugge said, “that

check upon the exercise of udicial power, when properly to declare a constitutional perior to an unconstitutional he judge's own faculty of self-restraint, is both ill-considered and mischievous I'he check upon the judge is thai imposed by his oath of office, by he Constitution, and by his own conscience and informed conviction: and since he has the duty to make up his own mind and judge accordingly, it is hard to how there could be anv other restraint.” In the majority opinion Justice

stion,” he

the invoked, ight su

statute 1s t

see

Hughes apparent conflict between the Court's decision of last June declarYork Minimum Wage and the present deci-

the Neu invalid

ing Tow sion He

case

1

in the New York the Court had not heen asked mm the AdRins decision erefore could not take the action which was taken iodav—-that reversing the early decision,

declared that

tn Avert and th i

Wage Law Decision Surprises

T

Fhe Washington State Minimum Wage Law decision came as a surprise although the long delay in deciding the case had caused speculation as the outcome. The decision, which served to affirm the decree of the Washington Supreme Court in favor of the law, was made possible by the switch of JN Roberts {rom the conserva-

10

1stice

holding | statutes might | on Pres- | proposed altera-

explained the reason for the |

, hot

Hardly an hour had elapsed

Roosevelt had returned from his vacation in Warm than he was closeted with Secretary of

Spriigs. Ga.

Labor Frances Perkins discussing strikes.

tive to the liberal side of the EE

The four regular conservatives of the bench dissented, In the New York minimum wage case. decision of which threatened to create a political issue during the last campaign, Justice Roberts voted that under the Court's 1923 decision in the Adkins District of Columbia case the New York law must fall. Todav Justice Roberts was aligned with the four whe had voted in favor of the New York law, Chief Justice Hughes and Justices Brandeis. Stone and Cardozo Chief Justice Hughes wrote today's opinion. It served. he said in conclusion, to set aside and overrule the Court's own decision of 1923 in the District of Columbia case, This decision of 1923 has served to strike down all minimum wage legislation for women since that date,

Adkins Case Re-examined

The opinion today pointed out that the Washington law had been

upheld by the State Supreme Court as a “reascnable exercise of the police power of the State.” “We are of the opinion that this ruling of the Stale Court dGemands on our part a re-examination of the Adkins case.” the opinion said. “The importance of the question, in which many states having similar laws are concerned. the tose division bv which the decision in the Adkins case was reached. and the economic conditions which have supervened. and in the light of which the reasonableness of the exercise of the protective power of the State must be considered, make it only appropriate, but we think imperative, that in deciding the present case the subject should receive fresh consideration.”

Frazier-Lemke ‘Substitute’ Law

statute which in

to replace a similar the Court held unconstitutional the spring of 1935. The act was designed to permit insolvent farmers to adjust their debts and to their property for riod during which they deem it.

a three-year pemight re-

IN INDIANAPOLIS

MEETINGS TODAY

Indiana 1 niversity Club, luncheon, Colum-

Service Club, wcheon, Hotel Lincoln 5 Indiana Council, luncheon, Hotel

100!

Te ades

cheon ard of Trade,

Sei entech Xs tab,

Dagyerre mee vpool Hotel

lh i. m ner, 6 p. m Building Owners and Managers, mcheon, dy. noon Mrninistratiog, Club. noon

Association.

Coin Ch Warks Trozres luncheon, Welfare wcoln, 7:30

b. m Taneheon, Hotel "Washing-

1 nther an or phan’

salesmen’ < « “lub,

Mond av lub, luncheon, Columbia Club,

Indiana Casualty Adjusters, luncheon, Honom Iryingtan Republic an Club, meeting, WwW S 8 p.m

Realtors,

5446"

Nou, Sie wcheon, Hotel

immbia Club Board of

noon

Wah ( Te seh Trade

Delta Upsilon, Noor Rural Bankers, luncheon, Hotel Washing3 0 Junto Club Women’ s Rotary Cinb

Community

1h. noon Columbia

Wash-

veheon

Club,

Columbia Ch luncheon Hatel

r und, luncheon

League, Juncheon, Hotel

noo

Indiana (Bankers Hotel W¢ !

om, y HA Association, luncheon noon

MEETINGS Investment, lun

Association,

TOMORROW

Allied cheon, Hotel Wash-

210 Bakers luncheon. Hotel Wash-

Rotary ‘Club, icon, Clavpoo Hotel,

Na aguerre Club, meeting, Claypool Hotel,

tdlana Packaz ¢ Liquor Stores Association, avpoo Ho el. Tp. m

\ipha Lo ‘Omega, luncheon Board of

rage noon

Gyre Cinbh, luncheon, Spink Arms Hotel

Mercator Clah, mcheon, Columbia Ciub

Universal Club, luncheon, Columbia Club Indianapolis,

Construction luncheon, A ilders’ Build-

League nf rchitecis and By

OAR I niversity of Michigan Club, Juncheon

Board of Trade. noon. MARRIAGE (These the County Courthouse,

responsible for any names or addresses.)

LICENSES l1sis are from official (ecords The Times errors of

at it not

Occa 1838 N. Capitol

rks, 15, ef 210% Beech Grove 17 E. Ver- { 617 oF 2955 18. of

McGinnis, 21, Gracie Jane Ell

22, R. I} zabel h Chumiey Lafavettie to JIndianapolid. 3 8318 N “Chile 23. of

20, of 3037 Gracet Rosemary Schmitt, 20, of

of 207 N. Belmont 18. of 207 N. Bel-

of 937 W afavette 1634 Roosevell

of Keste 18. of 1648 Jef.

33d St

Phillips r to Edna Rav re

46. of 232 N 46. of 232

BIRTHS

Girls beth Avier. at 3 Roosevelt, ~csie McKee, st o EF. Minne2882 Bovd

837 W. 26th

indiey, af urton, at Bore re Cro at 1944

DE aTHS

at Methodist,

Shelby,

lohar

amon Frank Klosterman, 62, at City, broncho- |

rneumonia,

{ Washington, D. C.

William pneumonia Bessie Cohen, 69, at WwW acute dilatation of Murrel Button. caraiac decompensation Murlea Stallworth. 24 at apolis, pulmonary tuberculosis. Jane Nichols, 84, at 36 W. 24th, pneumonia Tho ma W. Wrigh ! t 2%15 WwW, son, N

Miller, 51, at 909 Utica,

2261 bronchoJack-

lary Je n ‘avior, 5, at City, bronchopneumonia Me hlon M. Wright, 51, at row, carcinoma ene Vy Rar rl Ruckeishaus, odist, lobar pneumonia Theresa Bar Wright, 4, at 1 W, coronary occlus ion ald Terreil, 13, at

846 8, Wood62, at 28th

Riley, lobar pneuA. Frame, 88, at EM N. Pennsylvania, cardio vaseuniar disea Thomas J. Carter, 77, at cerebral hemorrhage serirude Lance, chronic myocarditis George Washington Foreman lobar pneumoniz Cora Maggie Ennis. 59, at ana, Huntington's chorea Ora Bartley Sowder, 68, at agranulocytosis ay Nelson Stiff, brain tumor Philip L. Davis, 76, cerebral hemorrhage Mose Eberhardt lobar pneumonia Rozelila A. Shepard, 71, coronary occlusion Ida Mae Kurtz, 28 at tuberculosis Richard Pierce at City, peri Bridget Griffin, 84, at 623 hyvostatic pneumonia. George Ella DeHaven, 52, at tuberculosis J. Thomas Leggeit, 73. at City, corenary sclerosis

3345 N. IMinais

82, at 1915 Central,

Ceniral IndiMeihodist 44, at

1930 N. Olney,

Noble 7 Noarris Vincent's puimonrary 23 onitis E. Vermont,

&37 W. 25th

OFFICIAL WEATHER

United States Weather Bureau.

FORECAST — Fair toincreasing clondiness tounsettled hy night:

INDIANAPOLIS night, followed hy marrow, hecoming tinned cool,

con-

Sunrise 3:31 Sunset TEMPERATURE March 29 1936 — 35 Ip m RAROMETER .om. 30.76 Xi 30.26 00 11.20

Precipita Total Excess

tion 24 hrs precipitation

since Jan. 1

ending Pr 5 since Jan. 1

MIDWEST WEATHER Indiana—Fair tonight: tomorrow fair north, increasing cioudiness south portion, possibly snow or ram extreme south portion: continued cool. IMinois—Fair north, increasinz ness south: not so coid extreme south portion tonight; tomorrow mostly cloudy, possible rain or snow extreme south. Lower Michigan—Fair and continued cool tonight and tomorrow. Ohio—Tonight and tomorrow north and increasing cloudiness portion; continued cold. Kentucky—Increasing cloudiness tonight: tomorrow cloudy, possibly snow in south portion: continued cold.

cloudi-

fair in south

WE ATHER IN OTHER CITIES AT

A.M Station. Weather, Bar. Temp. Amarillo, Tex, ‘x vue SONOW 0.14 22 Bismarck, N. D Boston . Chicago Cincinnati Cleveland Denver Dodg= City, Kas, Helena, Mont Jacksonville. Fla Kansas City, Mo. Little Rock. Ark. Los Angeles Miami. Fla Minneapolis Mowe Ala

Omaha. Neb, Pittsburgh Portland. Ove San Antonio, San Francisco St. Louis Tampa. Fla.

Tex.

reo Ek

The Frazier-Lemke law was passed | 1S

retain possession of |

lobar | Morris, |

Meridian, |

Meth- !

36, at City, |

1.86

in !

after President

Here is the Roosevelt is

Hoosiers

~— Acme Telephoto.

President shortly after leaving his train for the trip to the White House. He is hoiding "Sistie.” right Mrs. Roosevelt is holding “Buzzie.” shown in center.

Flock to Churches

while at

Mrs. James

For Varied Easter Services

Easter Monday dawned bright Sunday in which thousands in all churches and took part city’s streets and avenues, The 1937 prosperity which has America’ was reflected in the new and those who strolled. The exceptionally early bathed the city throughout the day and many were brave enough to doff winter garments for new spring apparel. Egg hunts for the children and motor rides for the entire family were part of the day's program. Train and bus stations were crowded with traveling celebrants

mn

Large Church Attendance

estimated that were in atSchools and

Church leaders unprecedented crowds tendalice at Sunda) worship services. Easter music, rehearsed weeks, filled the air at all P. A. Wood, president of the Christian Church Sunday School Association of Marion County, estimated that 21.140 persons attended churches of that denomination.

The Christian Men Builders Class of Third Christian Church, upholding its status as one of the largest Bible classes in the country, revorted an attendance of 1140.

for churches.

Catholics Flocked to Worship

Officials of the Diocese of Indianapolis could venture no estimate of the number of persons attending Mass and receiving Communion in Catholic churches. Easter Sunday universally Communion Day for Catholics and countless thousands wended their way to the altar rails. SS. Peter and Paul Cathedral was the center of activity. The Most

of Hoosiers the traditional

Easter

eventful Easter the risen Christ parade on the

hut. cold after an worshiped

Easter

been smiling on the “Crossroads of finery worn by the church throngs

Sunshine

was brisk, but a bright

bishop of the on the

Rev. Joseph E. Ritter, diocese, delivered sermons resurrection at five masses. The Rev. William C. Hartinger, district superintendent ‘of the Methodist Episcopal Church, estimated that between 22000 and 23.000 attended churches of that denomination, The Rev. H. B. Hosietter, execulive secretary ai the Presbyterian State Office, said that most of the approximately 17,000 of that de nomination in the city attended services. The 15th annual sunrise carol service in Monument Circle drew another large crowd. The earlier service was the traditional sunrise service held at 4:45 a. m. under Moravian Church auspices at Hope, Ind.

Airplanes in Cross Formation

to look 12 airplanes the

Thousands paused ward noon when piloted by apolis Pilots’

at members of Indian-

Association flew in a cross formation over the city, The city's parks

Easter egg hunts.

were scenes of

Neighborhood merchants provided

the prizes which stirred the children in their searches of hills and dales. Egg hunts in Garfield, Christian and Rhodius Parks were under sponsorship of the city Recreation Department.

sky-

also said

STATE WRECKS DURING EASTER

Kokomo Couple in Serious Condition at City Hospital.

(Continned | from page One)

injured when his automobile went into a ditch north of Eaton. Ernie Casteltine, 37, died in an Aurora Hospital from injuries received in a motorcycle accident in which his companion, Glenn Goodpaster, 24, was injured seriously. Mrs. Corrine veffersonville, died from injuries received in a head-on collision of two automobiles near there. Eight other persons were injured in the crash.

DISSOLUTION OF

WRIT IS ASKED

High Court Has No Right to Restrain Him, Judge Baker Says.

ar <b

YI Watson,

(Continued from Page One)

recently asked that the Supreme | Court Clerk select three men from whom a special judge would be selected. This move was blocked temporarily when Cancilla obtained a restraining order from Circuit Judge Earl R. Cox prohibiting the Criminal Court Clerk from certifying Mr. Spencer's application to the Supreme Court. Canciila charged the law, passed by the recent Legislature and permitting prosecutors to seek a change of judge through the Supreme_ Court Clerk, is unconstitutional. Writ Bars Cox Mr. Spencer obtained a Supreme Court writ of prohik tion Friday barring Judge Cox from making the injunction permanent. Judge Cox was ordered to show cause Wednesday why the Supreme Court order should not be made permanent. In his petition for the writ, Mr. Spencer charged that “by reason of the interest, bias and prejudice” of Judge Baker "a fair and impartial trial could not be had.” Joel Baker formeriy was investigator in Judge Baker's court. In the return, Judge Baker leged the Supreme Court does not have authority to “restrain or control by writ of prohibition the acts of this respondent,” and that no question of his court's jurisdiction was presented nor any issue made that his court was exceeding its jurisdiction. ‘Premature,’ Petition Says He further alleged that no “proper motion for a change of , , , judge was ever filed.” Judge Baker charged Spencer's application for of judge did not show such

al-

that Mr. a change “from whom change was sought . , .” He that he was not named

. taxicab robberies.

"bra, 35. of 330 N.

time

ALLEN PLEDGES

Result of Order to Hold ~~ ANTIEVOLUTION

‘All Suspicious Persons’

19 Nabbed on a Charges in Raids on Three

Places; Four

Taxi Cab Holdups Net Perpetrators

31; Five Pedestrians Robbed of $11.20

Police officers, instructed to “detain all suspicious persons,”

arrested

30 Negroes for questioning over the week-end, They were charged with

vagrancy.

The order was issued following the murder of John Charles Gold-

stein, local grocer,

by two Negro gunmen two weeks ago.

Raids on three houses resulted in arrests of 19 persons on gambling

charges. Nine were arrested at 1316 Yandes St.

and four at 1216 Yandes St. Holdup men obtained $31 in four Drivers robbed were Virgil Whitehead, 37, of 1314 Arrow Ave.: Louis O'Connell, 24, of 509 N. East St, Paul Burns, 401 Villa Ave., and Paul J. Kern, 28, ¢ 340 N. Jeflerson Ave.

Frustrates Thief

William Gaither, 28, of 1915 Hillside Ave., told police a passenger iii his cab tried to rob him Saturday night but he frustrated the attempt by leaping trom the machine. "Gunmen robbed five pedestrians of $11.20 Saturday night and yestelday, police reported. Thirteen week-end burglaries re<ulted in losses totaling $66 in cash and $1018 in personal property, officers said. Persons robbed by holdup men included: Gregg Appleby, 30. of 21 W. 20th St., $6: Joseph McWayne, 38, of 146!» Douglas St., $1.05; Miss Gladys Fingers, 28, of 635 W. Vermont St., 15 cents; Mrs. Ethel MaCalifornia St., and J. Richardson, 23, of 723 N. West St.. 75 cents. Mr. and Mrs. E. J. Hamner, 232 W,

D.

“nor is it alleged that there was any bias or prejudice” on his part. The return also said that at the of Mr. Spencer's application for the writ, Joel Baker and Cancilla had not been arraigned, nor had any time been fixed for their trial or any trial judge Judge Baker charged the Prosecuton's application was “premature.” Judge Baker had said previously he probably would not preside at the trial of Joel Baker and Cancilla. Judge Baker also alleged that the law passed March 12 by the Legislature repealing the former change of judge law is unconstitutional,

Coy Prepares to Leave

Meanwhile, Mr. Coy slugging by Cancilla House March 1, this afternoon with former Governor party. Mr. Coy is to be administrative assistant to High Commissioner McNutt in the Philippines. Mr. Coy has told Mr. Spencer that he will return to testify “if needed” when Joel Baker and Cancilla are placed on trial. Judge County named

victim of a in the State prepared to leave for San Francisco

Cox. who appointed the Welfare Board which Joel Baker director, is expected to name a successor to Superior Judge L. Ert Slack. as board chairman, early this week. Chairman Slack, whose term expires tomorrow. has declined reappointment. Judge Cox has indicated he will name a Republican. Three members of the hoard now are Republicans, he said.

six at 142 E, Wabash St.

| glars

| bery

named. |

| for change. | and found it to be counterfeit and

McNutt's |

| ed

Hampton Drive, reported to police that sometime between Saturday night and yesterday afternoon, jew-

| elry valued at $800 was stolen from | their home.

A time clock valued at $125 and $15 in cash were obtained by burwho ransacked the Anthony Wayne Oil Co. office, 38 W. Maryland St., officials reported. A child's playhouse in yard of Dr.

the rear Ezra Alexander's home,

2930 Boulevard Place, was ransacked |

by burglars who escaped with a toy cook stove and a set of blocks, all valued at $43, last night. Dr. Alexander is a deputy coroner.

Held for Questioning

A 33-year-old Negro was held on a vagrancy charge today for tioning in connection with four cent burglaries on College Ave., police said. He was arrested last night when officers were sent to 11th and Alabama Sts. to investigate reports of a prowler in the vicinity. Two men were charged with roband assault and battery today after officers said they found them attempting to “strong arm” Charles Dexter, 41, of 2626 W. Vermont St., in a W. Washington St. tavern. They are Homer Morrison. 26, and Noel Stevenson, 38, both of 520 W. Court St.

Hunt Four

re-

Negroes

City and State police today were searching for four Negroes who attempted to pass a counterfeit $5 bill at a filling station, 5401 E. Washington St. James May, 21, ¢f 44 S. Hawthorne Lane, the attendant, told police the men handed him the bill and asked He said he examined it

returned it to them, Police records show that a quartet answering their description is wanted in Ohio for passing bogus money. Pickpocket Gets §75

Guy Davis, 26, of Lebanon. reportto police that carly today a Negro picked his pocket in the 400 block on Indiana Ave. and escaped with his billiold containing $75. A Negro was arrested as a pursesnatching suspect during a raid by police on an alleged Yandes St. gambling establishment Saturday night. He was to be questioned detectives today. Burglars bored holes in of the Kerman Rug Co. Building. 140 North Meridian St.. in an unsuccessful attempt to enter the establishment last night, the manager, Robert Benjamin, 60, of 2255 N. Pennsylvania St., reported to po-

the rear

‘lice today.

ques- |

by |

DRIVE OVER U.S.

Van Loon Too ‘Tired’ to Meet Beech Grove Pastor In Debate.

(Heywood Broun, Page 12)

The Rev. Verdi Allen, of the evolution theory, today de= clared that he would spread his fight against teaching of the theory in public schools “over the entire United States.” The Beech Grove Baptist pastor made the declaration after a new attack on evolution teaching in his sermon at the suburban church last

arch fos

| night.

He unleashed a verbal attack on those opposing his antianthropology campaign and made special refer= ence to Hendrick Van Loon, New York author of “The Story of Man= kind.” It is the use of that writer's book for reference in the Beech Grove eighth grade that has stirred the minister to action. Challenged Pastor

The author, in a special telegram to The Times, several days ago, challenged the pastor on certain conditions, to debate the issue. But todey he abruptly decided he was a “tired old man”"—much too tired to debate evolution with an Indiana preacher even for the cause of buying two chimpanzees for the Indianapolis zoo. The Rev. Mr. Allen said he was willing to debate. He offered to talk for an hour on the Bible with Mr. Van Loon talking for the same length of time on evolution.

Writer Refuses Offer

The acceptance of the challenge on that ground was conveyed to the writer after he had eaten a heavy Easter dinner and was feeling at peace with the world. “I think.” he said, rather sit in a corner and smoke a cigaret. You know there is an age of discrimination—some people say it is 50—and beyond that age people should not go around debating. Tell the reverend I am an old man -—a tired old man. Also tell him that I don't want to be his stooge. “He and I could debate for a year, I wouldn't change his mind and he couldn't change mine. I've never seen any good come out of any de= bate.”

“that T would

Wants Book Banned The Rev. Mr. Allen sald in his sermon last night that he is pre=pared to carry his fight to ban the use of Van Loon's book to the State Legislature and to circulate petitiona to “spread the fight over the entire United States.” “Infidelity. Darwinism and Van Loonism are being taught in the schools of our state, and our teachers are leaving a question in the

minds of the children as to the exise

tence of God,’ the Rev, Mr. Allen told his congregation “Evolution is a forerunner of atheism and I can prove my statenients before any audience the world has to effer.” The crusading pastor said that in his plans to make a state-wide fight, he will speak at a public meeting in Brazil Thursday night.

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