Indianapolis Times, Indianapolis, Marion County, 12 April 1937 — Page 1

The Indianapolis Times

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WAGNER LABOR ACT

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MONDAY, APRIL 12, 1937

"VOLUME | 49—NUMBER 27

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13DIEINSTATE AUTO MISHAPS 10 HURT HERE

Two Killed at Hammond as Toll Mounts; CCC Worker Is Victim.

TRUCK RUNS INTO TRAIN

Police Arrest 92 in Safety Drive; One Badly Injured In Collision.

Thirteen persons lost their lives in Indiana week-end traffic accidents, adding to the state's staggering toll already 9.5 per cent ahead of last * year’s figures at this time. No casualties were registered in Marion County, but 31 alleged drunken drivers and speeders were to face Municipal Judge Dewey Myers today as the result of the police safety drive which netted 92 arrests over the week-end. Six persons were injured, one periously, in an automobile-truck collision today at 58th and N. Delaware Sts. One of the drivers was arrested. Jackolyn Horton, 3, and David S. Weiner, 42, were killed in accidents at Hammond. The Horton child was struck by an automobile driven by Norton Branson, 18, and Mr. Weiner died after his automobile collided with a bus at an intersection. Leslie McCauley, 38. farmer, was killed when his automobile was struck by a Pennsylvania passenger train at a crossing near Kokomo. Wesley - Willis, 24, of ‘Richmond, was killed and four other persons were injured in a head-on auto collision on the National Road near the Indiana-Ohio state line.

Woman Injured Fatally

Winifred Nolan, 23, of Mitchell, died of injuries received when str''zk by an automobile at Patricksburg, car on Road 150 near Paoli. Mrs. Sterling Beatty, 59, of Spencer, was injured fatally when struck by an automobile at Paricksburg, 12| miles northwest of Spencer. arry S. Beck, 35, custodian of the Kappa Alpha Theta sorority house, Indiana University, was killed instantly and nine other persons were injured when his automobile collided with one driven by Fred Johnson, 16, at the intersection of Roads 46 and 9, near Columbus. James Barrett, 53, Patoka, died in Methodist Hospital at Princeton from injuries received when his automobile collided with a truck driven by Charles Pensley, Evansville, near Princeton. Glen Jones, 29, of South Berd, was killed at Hammond when his car collided with a B. & O. switch engine. Claren Clark, 21, of Mishawaka, was injured seriously. Mrs. May Woodburn, 54, of East Chicago, died of injuries suffered in a traffic accident last Sunday. Her ‘husband, John, is in critical condition at St. Catherine’s Hospital.

CCC Worker Is Victim

Robert R. Crowe, 20, a member of the Henryville CCC camp, died in Dunn Memorial Hospital, Bedford, of injuries rcceived when his motorcycle collided with an automobile. John Koon, 32, Bluffton, died in a hospital three hours after the truck in which he was riding overturned on Road 1 north of Petroleum. Fount Utley, 28, of Providence, Ky., was killed in a train-auto collision at Evansville. ' Robert’ Smock, driver of a Fame Laundry Co. truck, was knocked unconscious, then removed to Methodist Hospital after his truck and an automobile driven by Oscar Hill, 32, chauffeur, collided at 58th and Delaware Sts. Hill, who was injured slightly, was arrested for having-no chauffeur’s license. He was driving a car owned by (Turn to Page Six)

BOB BURNS

2 Says. April 12.—

I've read a lot of books on how to be a success in business, but I never read one yet that was written by a man that had a business. : I may be wrong, but I imagine if a man is makin’ | a success of his [ business, he’s too busy to write a book. There’s no special advice you can give anybody on this subject anyhow, because what's good for one wouldn't be worth a darn tO another. I was sittin’ on the river bank down home one time and 1 overheard two bums talkin’. They campared notes and found out that both of em had formerly run the same kind of a business— only in differnt towns and they had failed. | One of ’¢ém said “My chief trouble was that |I wouldnlt take advice

from anybody,” Fo The)other one put his hand out

and said (‘Shake Brother, I took advice from everybody.” ° Copyright, (1937)

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Baldwin Declares England Won’t Tolerate | Piracy.

By FREDERICK KUH | United Press Staff Correspondent

LONDON, April 12.—Great Britain, foreseeing danger of an international explosion, has decided temporarily to treat the Spanish Na- | tionalist blockade of Bilbao as a “special situation,” it was under-

stood today. . Prime Minister Stanley Baldwin today announced that the British

not tolerate interference with British ships at sea.” . For the present, nowever, five British freight steamships at St. Jean de Luz on their way to Bibao with food, have been advised by the Admiralty to remain at anchor pending a definite decision. * The. 42,100-ton battle cruiser Hood, a floating fortress almost approximating the tonnage of the entire Nationalist fleet, steamed slowly off

Bilbao Bay as a reminder to the Nationalists of Britain's naval might. Protect Shipping

But | for the present at least its orters| were to protect British shippihg outside the three-mile limit cf Spanish territorial waters only. Emergency dispatch of the Hood to| Bilbao waters from Gibraltar, and an emergency meeting of the full Cabinet here Sunday, made it evident that matters of great moment (were impending, and seemed to point to a steel-like attitude on the freedom of the seas. » However, the actual situation at the moment, a canvass of all sources indicated, is: 1. Great Britain continues to deny recognition of the Spanish Nationalists as belligerents and hence claims the legal right to treat Nationalist raiders on British sea commerce as pirates. = 2. Britain continues its policy cf protecting British ships on the high seas, that is outside the three-mile limit of territorial waters, and has authoized its warships to fire on any ship which interferes with | those ships. 3. For the present, though further consideration is to be had, the Nationalist blockade of Bilbao alone is to be treated as a “special situation.” This recognition of Bilbao as a “special situation” dces not recognize the Nationalist right to blockade all points, but. recognizes the necessity for. full consideration hecause the Nationalists really are bleckading Bilbao and at the same time are surrounding it on the land side. 4. For the present, because of this situation, British ships will be accorded protection outside the threemile limit at Bilbao but Nationalists are free to fire on British ships, even under the guns of the Hood, inside the three-mile limit.

SLACK RECONSIDERS WELFARE JOB OFFER

Judge Indicates He May Change Mind, Accept Berth.

Superior Judge L. Ert Slack today said he would consider acceptance of reappointment to the Marion County Weifare Board, of which he was chairman. Judge Slack, whose term on the board expired March 30, made this announcement upon his return from an -automobile trip through the South. In refusing reappointment when offered by Circuit Judge Earl R. Cox, Judge Slack said his judicial duties were too heavy to permit time for filling the position. “I still do not feel that I want to accept the. reappointment because of heavy bench duties,” Judge Slack

| | said today, “but I will talk to Judge

Cox about it.”

government “has decided it couly’

Punta Agalea, at the east side of.

‘Leave Our Ships Alone,’ Britain Warns Rebels; Belgian Fascists Beaten

Van Zeeland Wins by 4-to-1 Margin Over Rexists in Special Poll.

By LUCA RIZZARDI United Press Staff Correspondent

BRUSSELS, April 12.—Belgium, in a key election for a single seat in Parliament, has registered a victory | for democracy against, fascism, which seemed: likely today to attain importance all over Europe. Comment on the election showed elation in countries which have Fascist-Nazi movements of their own, and corresponding disappointment in Nazi Germany and Fascist Italy. Comment from Holland, joint neighbor to Belgium and Germany, was that the election would reflect upon, and be reflected in, Holland's own general parliamentary election late next month. 4-to-1 Margin In the election, Premier Paul Van Zeeland defeated ' Leon Degrelle, Rexist (Fascist-Nazi) leader by 275,840 votes to 69,242. He obtained nearly four votes to every one cast for Degrelle. He obtained 75.89 per cent of all the votes cast (18,358 were blank or invalid) and Degrelle obtained 19.05 per cent. Degrelle polled fewer votes than his RexistFlemish Nationalist Bloc did in the 1936 elections. i : The vote was heavy and six were injured in minor brawls. “Thank you for the overwhelming support you gave me,” Van Zeeland said today in a message for voters. “The result surpassed my greatest hopes. Henceforth neither in this country nor abroad can there be any doubt that Belgium has remained faithful to herself. The government will continue with increased confidence the work it has undertaken.” “I shall continue to fight,” said Degrelle. “I am morally. victor.” The election was a Rexist challenge to the government. A Rexist deputy resigned so that there would be a test election. Van Zeeland accepted the challenge personally and had himself made the govern(Turn to Page Six)

PLANS FOR NEW SCHOOL DRAFTED

Work May Begin hy June 1 On High School Unit In Irvington.

Working plans for construction of the proposed new $450,000 Irvington High School may be presented to the School Board tomorrow night, Business Director: A. B. Good said today. He said work on the new struc- | ture, to be located near Pleasant {Run Blvd, may be started by June 1. | Preliminary plans for the build{ing have been approved. | The $450,000 for the structure is | |

provided in the building budget for this year, but when plans were drawn, the Board anticipated a $202,500 grant from PWA funds. | Because .of a curtailment in those | grants, however, Federal aid may not be obtained, Mr. Good said today. The grant for the Irvington school was approved last Jan. 6. At that time it was announced the allotment would nct be made until it was determined whether PWA wpolild be extended beyond June 30. NIn view of increased materials

the posibility that PWA funds might not be available, he said, it may he necessary to alter plans and decrease the proposed size by four rooms in one wing. ; Mr. Good said complete plans for a $350,000 annex at George Washington High School may be ready by April -27. Another addition provided for in this year’s $875,000 building budget is ‘to be erected at School 26.

'Deputized Citizens Bring

Peace to Mining Town

By United Press Deputized citizens patrolled Ga- | lena, Kas., today as a result of strife | between metal miners affiliated with the Committee for Industrial Or- | ganization and a group of independents known as “Blue Carders.” Eight men and a boy were shot in the street yesterday in a burst of | gunfire from C. I. O. headquarters { whén hundreds of miners advanced on the building armed with pick { handles.

| Elsewhere, the labor situation was,

generally brighter. In Oshawa, Ontario, officials pre- | dicted an early settlement of the | strike in General Motors plants. | Industrial peace reigned in Detroit ' for the first time since December. Nearly 80,000 automobile workers returned to their jobs today under i1greements ending strikes. In Newark, N. J., Mrs. Johanna Christenson acted as chief supporter for a strike in her husband’s button

a

factory. Appearing in the ' picket line; she warned workers not to “accept my hushand’s promises.” In Washington, the American Federation of Labor made plans for a forthcoming emergency meeting of its executive council to consider ‘advisability of expelling all unions affiliated with the C. I. O.

By United I’ress GALENA, Kas, April 12.—Ten deputized citizens under command of Mayor E. B. Morgan today ruled this town where eight men and a boy were shot down in the street yesterday as a climax to day-long rioting - in the Tri-State lead and zinc mining area. Governor Huxman of Kansas said Cherokee County authorities had not requested martial law and until they did, he would send no troops. Eighty-three nonunion employees,

most of them office workers, were (Turn to Page Six)

the | -

cost”Since plans were drawn and |.

LOCAL GIRL, 10, DIES OF BURNS AFTER RESCUE

Ann Ward, 4128 Broadway, Trapped in Room by Blaze.

TALKED. WITH FIREMAN

‘Don’t Leave Me,’ She Said When Carried From Burning Home.

Ten-year-old Ann Ward died tos day in Methodist Hospital. Her mother, Mrs. -Frank E. Ward, saw her die. The little girl was burned fatally in her home, 4128 Broadway, early today after her family tried vainly to rescue her. Asleep in her room, Ann was un=aware that fire had broken out in the house. The flames swept swiftly from basement to second floor and surrounded her room, penning her in, barring her family out. When firemen arrived, Mrs. Ward wildly pleaded with them to hurry to Ann's room. Fireman James Pope, Engine House 22, ran a ladder up the back porch and opened a window to the room. . Ann already was overcome with the dense smoke and had received serious burns. Fireman Pope groped about and finally stumbled over the little body.

Conscious to the End

He picked her up and took her outside. She opened her eyes. “Who are you?” she asked. “I'm a fireman, youre all right,” Fireman Pope answered. “Please, mister, don’t leave me,” she said. ~ Ann became fully conscious after she was in the hospital and she remained so to the iast, without complaining and without saying anything. Her mother remained with her. The blaze was discovered by two passers-by who aroused the family by ringing the doorbell. Mrs. Ward and Miss Nellie Meyers, teacher at School 69, who rooms at the Ward home, ran downstairs to find the basement and first floor filled with smoke. Miss Meyers said they aroused John C. Smith, Mrs. Ward's father, and Frank Ward, Ann’s 11-year-old brother. Reported Improved

More than 100 occupants of an apartment house at 911 E, Washington St. were driven from the building yesterday morning when a blaze starting in a print shop on the first floor threatened the entire three-story structure. Mrs. Georgia Duggins, who occupies rooms over the shop, said she was awakened by smoke about 2 a. m. She awakened her husband and her son, Lawrence, 18, a Broad Ripple High School senior, who aroused the persons living in the other 34 apartments.

Summoned Firemen

Lawrence then ran one block to summon firemen from Engine House 11. Mrs. Duggins assisted in (Turn to Page Six)

TIMES SIGNS WITH NEWSPAPER GUILD

Contract Fixes Minimum Pay, 40-Hour Week.

The Indianapolis Times and the Indianapolis Newspaper Guild today announced signing of a contract covering all full-time editorial department employees of the paper. - Minimum wages, hours and working conditions are covered by the centract. It provides severance pay and death benefit, and establishes a five-day, 40-hour week. The publisher recognizes the guild and agrees that no employee shall be dismissed or discriminated against for guild membership. The contract does not contain a preferential shop agreement. This agreement, the first guild

contract in Indiana, resulted from negotiations started last August anc resumed recently. It is the eighth such contract recently signed with lccal guilds by Scripps-Howard newspapers.

TIMES FEATURES ON INSIDE PAGES

Merry-Go-R’d 12 Movies 13 Mrs. Ferguson 11 Mrs. Roosevelt 11 Musie . 19 Obituaries ... Pegler Pyle ... Radio Scherrer .... Serial Story. Short Story. .

Crossword ... 18 Curious World 19 Editorials .... 12 Fashions 8 Financial-.... 14 Fishbein

Grin, Bear It 18 In Indpls..... 3

‘| crack a burglar-proof safe in the

State Deaths. -Wiggam aise 19

z.7>rdan.. 8 Johnson ...., 12

aa Chief Justice Hughes # 2

TEXT OF MAJORITY RULING IN WAGNER ACT TEST

denying that it was due to his joining or assisting the Guild or engaging in union activities, and denying, on-constitutional grounds the validity of the act and the jurisdiction of the Board. “At a hearing -before a trial examiner the petitioner appeared specially and moved to dismiss the complaint on constitutional grounds. ‘The motion was over-

Justice Roberts

2 a8 2

By United Press WASHINGTON, April 12.—Following is the text of the Supreme Court majority opinion in the Associated Press text of the Wagner act: The decision said: “In this case, we are to decide whether the National Labor Relations Act as applied to the petitioner (the Associated Press) by an order of the National Labor Relations Board, exceeds the power of Congress to regulate commerce pursuant to Article I, Section 8, abridges the freedom of the press guaranteed by the First Amendment and denies trial by jury in violation of the Seventh Amendment of the Constitution. “In October, 1935, the petitioner discharged Morris Watson, an employee in its New York office. . The American Newspaper Guild, a labor organization, filed a charge with the Board alleging that Watson's discharge was in violation of Section 7 of the National Labor Relations Act, which confers on employees the right to organize, to form, join, or. assist labor organizations to bargain collectively through representatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection; that the petitioner did engage in unfair labor practices, contrary to . subsections 1 and 3 of Section 8 by interfering with, restraining or coercing Watson in the exercise of the rights guaranteed him by Section 7 and by discriminating against him in respect of his tenure of employment and discouraging his membership in a labor organization. , “The board served a complaint upon the petitioner charging unfair labor practices affecting commerce within the meaning of the statute. The petitioner answered admitting Watson's discharge but

TWO INJURED WHEN TRAIN LEAVES RAILS

By United Press PLYMOUTH, April 12—Two passengers were injured slightly when an eastbound Pennsylvania Railroad passenger train was derailed 10 miles west of here early today. Nine of the 12 all-steel cars on the second section of the Gotham Limited, bound from Chicago to Pittsburgh, left the rails but remained upright. The 136 passengers in the coach and eight pullman cars were shaken, but only two reported injury to company officials, and they did not require hospital treatment.

GOOD-BY SUNSHINE, WEATHERMAN SAYS

LOCAL TEMPERATURES 6am... 39 10a m... Ya.m.. 41 11 a m.. 8a m . 45 12 (Noon) 9a m... 48- 1p m...

the question whether the proceeding was within the Federal commerce power. Counsel thereupon withdrew from the hearing and the matter was further heard without the participation of the petitioner or its counsel After receiving voluminous evidence as to the character of the petitioner’'s business the examiner overruled the contention that interstate commerce was not involved and proceeded to hear the merits. At the close of the hearing he recommended that an order be entered agajnst the petitioner. Notice of the filing of this report and of hearing thereon by the Board was given the petitioner but it failed to appear. Based upon the examiner’s report. the ‘Board made findings of fact, stated its conclusions of law, and entered an order that the Associated Press cease and desist from discouraging membership in the American Newspaper Guild or any other labor organization of its employees, by discharging, threatening to ‘discharge, or refusing to reinstate any of them for joining the Guild or any other labor organization. of its employees, and from discriminating against any employee in respect of hire or tenure of employment or any term or condition of employment from joining the Guild or any other such organization, and from interfering with, restraining, or coercing its employees in the exercise of the rights guaranteed in Section 7 of the act. It further enjoined the Associated Press to offer. Watson reinstatement to his former position without prejudice to any rights and privileges previously enjoyed by him; to make him whole for any loss of pay suffered by reason of his discharge; to post notices in its New York office stating it would cease and desist from the enjoinder practices, and to keep such notices posted for 30 days.

“The petitioner refused to comply with the order and the Board, pursuant to Section 10 (E) of the act, petitioned the Circuit Court of Appeals for enforcement. The petitioner answered again setting up iis cententions with respect to the constitutionality of the act as applied to it. After argument, the Court made a decree enforcing the order. “In its answer to the Board's petition for enforcement the petitioner did not challenge the Board's findings of fact and no error is assigned in this Court to the action of the Cireuit Court of Appeals in adopting them. We, therefore, accept as established that the Associated Press did not, as claimed in its answer before the Board, discharge Watson be- . cause of unsatisfactory service but, on the contrary, as found by the Board, discharged him for his activities in connection with the Newspaper Guild. It follows that Section 8, subsections (1) and (3), authorize the order and the only issues open here are those involving the power of Congress under the Constitution to empower the Board to make it in the circumtances. 3 : “First—Does the statute, as applied to the petitioner, exceed the power of Congress to regulate interstate commerce? The solution of this issue depends upon the nature of the petitioner's activities, and Watson's relation’ to them. The findings of the Board in this aspect are unchallenged and the question becomes, therefore, solely one of the law to be answered in the light of the uncontradicted facts. “The Associated Press is a membership corpcration under the laws of New York which does not operate for profit but is a cooperative organization whose members are representatives of newspapers. It has about 1350 members in the United States and practically all the newspapers represented in its membership are ~ conducted for profit. Its business is the collection of news from (Turn, to Page Three)

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48 52 54 51

The weatherman today said that it cannot go on—the sunshine that bathed Indianapolis over the weekend and today. S He said there would be increasing cloudiness and probably showers beginning late tonight or tomorrow.

REHEARING IN WATER CASE TO BE SOUGHT

A petition asking a rehearing on the fixing of the Indianapolis Water Co. valuation is to be filed in the U. S. District Court of Appeals at Chicago, Deputy Attorney General Urban C. Stover said today. The Court previously had fixed the valuation, for rate-making purposes, at $23,392,800.

THINK YEGGS ROUTED BY TEAR GAS ATTACK

Automatic release of tear gas was believed by police to have routed yeggs who last night attempted to American States Insurance Co. office, 542 N. Meridian St.

Delicious Steaks! Balanced Meals. Charley's Restaurant, 144 E. Ohio St.--Adv.

ruled on all grounds except upon *

STEEL, CLOTHING AND AUTO TESTS PROVE VALIDITY

Bench Divided With Dissents Presented in Four Cases by Sutherland, McReynolds, Butler, Van Devanter.

CHIEF JUSTICE = LEADS MAJORITY]

Associated Press and Bus Company Also Are Losers; Justice Roberts Reads Decision in Press Service Case.

By United Press ’ WASHINGTON, April 12.—The Supreme Court in a series of vital decisions upheld the general constitutionality of the Wagner Labor Relations Act in opinions which appeared to broaden traditional interpretations of the Constitution’s interstate commerce clause. The Court was bitterly divided in its decisions. In four of the five test cases dissents were presented by Justices Willis Van Devanter, George Sutherland, James C. McRey= nolds and Pierce Butler. \ However, the Court majority, led by Chief Justice Charles Evans Hughes, declared that the Wagner act. was constitutionally applied in the great steel, automobile and clothing industries. In two other decisions the Court held that the jurisdiction of the National Labor Relations Board was constitutionally invoked with regard to a newspaper press association and an interstate bus concern. The decisions constituted a major victory for the New Deal statute, although leaving its validity in some phases of more local types of industry undecided.

Wholly Legal to Majority :

It appeared, however, that the Court majority consid ered the law wholly legal in great manufacturing industries where operations are conducted in different states and where raw and processed materials are drawn into the manufac tory and distributed widely through various states. The Court presented separate opinions covering its findings in each of the five test cases of the Wagner act before it. Only one of these opinions was unanimous. This was the case involving application of the act to an interstate bus concern. In a test concerning the Associated Press, the majority found that the act was legally applied. The dissenters, led by Justice Sutherland, bitterly decried the decision, contending that the freedom of the press clause of the Constitution protected the prés association from applie cation of the act. After presentation of the Associated Press dissent, Chief Justice Hughes read, in rapid succession, three opinions which Court students held broadened traditional interstaie commerce constitutional clause interpretations. These cove ered application of the act to the steel manufacturing, auto- .. mobile and clothing industries.

Liberals Join With Hughes

Hughes was joined in his majority opinions by Justice Benjamin Cardozo, Louis D. Brandeis, Harlan F. Stone and Owen J. Roberts. The Hughes opinion upholding the application of the act to the steel industry appeared to be unanimous, since it did not bear the customary notation indicating that there had been a dissent. This point, however, tould not be established definitely until Hughes concluded his reading. The constitutionality of the act was strongly noted by the Chief Justice. He declared that: : “We think it clear that the National Labor Relations Act may be construed so as to operate within the spirit of consti. tutional authority.” Hughes defined the right of employees to self-organizae tion and to select their representatives for collective bare gaining as “a fundamental right.” : $ Regarding the vital point of the application of the inter state commerce clause of the Constitution, Hughes declared: “The congressional authority to protect interstate come merce from burdens and obstructions is not limited to transe actions which can be deemed to be an essential part of a ‘flow’ of interstate or foreign commerce. 5-to-4 Vote in Press Case

“Burdens or obstructions may be due to injurious action springing from other sources.” : Court students: believed that this language broadened previous definitions of interstate commerce rendered by the Court. : The Court voted 5 to 4 in upholding constitutionality of the act as applied to the Associated Press. The opinion was read by Justice Owen J. Roberts. Dissenting conservatives held thatthe freedom of the press clause of the Constitution barred the application of the act from the newspaper press service. ; : In the bus case, the vote was unanimous, the Court holding that interstate bus operations were generally similar to those of railroads. The Court held that these relations were generally ruled upon in its opinion two weeks ago upholding the Railway Labor Act. Hughes, in his Jones & Laughlin opinion, differentiated

the issues involved from those in the NRA and Guffey Coal : : (Turn to Page Three) ;

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