Indianapolis Times, Indianapolis, Marion County, 17 August 1937 — Page 1
The Indianapolis Times
VOLUME 49—NUMBER 136
STATE. MAKES 2WAY PLEA BUTASH RULING
Asks High Court to Rehear Case or Decide Legality Of Syndicalism Law.
TWO POINTS INVOLVED
Argues Body Erred in Holding “No Evidence’ in Civil Liberties Trial.
Disarmed
Only Hisses Greet Film Villains as Boys Lose Guns.
By JOE COLLIER It got so bad for a while on Saturday afternoons at the Irving Theater that people were coming to the management after a sally of gun play and asking which Indian bit what dust. There were too many shots heard for the number of times the screen cowboys and Indians pulled triggers.
It soon developed that practically the entire juvenile audience was : tting there in a sort of ambush for the villain and every time he appeared would pepper him with cap pistol shots, the volume of which re-
The Attorney General's office today asked the Indiana Supreme Court either to rehear the Butash criminal syndicalism case, or to rule on the constitutionality of the | State statute.
The Supreme Court recently re-
versed the Steuben Circuit Court conviction of Paul Butash, Chicago magazine salesman, on charges of | advocating overthrow of the Gov- | ernment by force. The Court | termed Butash’s speech before Angola, Ind., businessmen and TriState College students in May, 1936, ‘so trivial as to be almost beneath | the notice of the law.” | Butash served 10 months of a one to five-year State Prison sentence before the American Civil Liberties Union obtained this re- | lease on a $5000 bond.
Two Points Involved
Today's petition for rehearing, prepared by Deputy Attorney General Patrick J. Smith, is based on two major points. It charges that the State high court erred in hold- | ing that “there is no evidence upon | which a verdict of guilty could rest,” and in its stand that “the judgment should be reversed with instructions to the trial court to set aside the judgment and sustain Butash’s motion for a new trial.” Claiming that the defense failed to bring out insufficiency of evidence when asking for a new trial, the petition asks the Supreme Court to reverse iiseelf. The Supreme Court attiude in the Butash case appeal would create a “most dangerous precedent and place upon persons who come before | the bar an unwarranted burden in| the presentation and defense of | their causes,” the petition charges.
Asks Test of Claigp
In their petition for a new trial before the lower court, the Butash defense attorneys claimed the Indiana Criminal Syndicalism law under which he was convicted a violation of the 14th amendment to the Federal ‘Constitution. The Attorney General's petition for rehearing asks that this claim be tested by the State Supreme Court if a rehearing is denied. The 14th Amendment, ratified in 1868. sets out that no state shall make or enforce any laws which deprive & citizen of his rightful privileges, including life, liberty and property, wthout due process of law. The defense claimed Mr. Butash was deprived of these privileges by his conviction under the State Criminal Syndicalism Law. The Attorney General's petition further claims that it is the duty of the jury, and not the Supreme Court, to determine the credibility of witnesses and to weigh the evidence in the case.
Cites Earlier Ruling
The petition also charged that a previous Supreme Court decision defined the word ‘“advocave”’ as to mean “to plead in favor of, to defend by argument before tribunal or the public, to support, vindicate or (Turn to Page Three)
GOMEZ “TAKES TURN’ AFTER MOTHER DIES
(Early Details, Page 16)
By United Press YANKEE STADIUM, NEW YORK, Aug. 17—Vernon (Lefty) Gomez, ace southpaw of the Yankees, heroically tried to berak his club's losing streak today by pitching against Washington—although he had just been notified of his mother’s death.
“111 take my turn,” Gomez told Manager Joe McCarthy as he tried ! to hide traces of tears in his eyes. |
THEY PREFER THE
BEARERS.
8
2
"A shady tree—that’s the place
SHADE
LIRR RRR
A a a aS
duced the hero and his associates to so many ballistic sissies, wired for sound. Lon (A. E) Walker, theater owner and manager, who used to be a boy himself, said he understood the motives for the cap pistol shootings, but pointed out that the girls in the audience objected. Then, too, he said some one besides the screen villain might get hurt. So he elected himself “sheriff,” and now the boys who are watching the western serial each week are frisked at the box office. (Turn to Page Three)
ASK PROOF OF
TIES WITH BLACK
Backers Challenge Copeland's Charges Against Nominee.
His
By United Press WASHINGTON, Aug. 17.—Administration forces fighting for confirmation of Senator Hugo L. Black as a member of the Supreme Court challenged a Senate opposition coalition today to present proof that
the Alabama Democrat had ever been a member of the Ku Klux Klan. Senator McGill (D. Kas.) in an impassioned reply to charges hy Senator Copeland (D. N. Y. and Senator Burke (D. Neb.) declared that the question of whether Mr. Black was a Klan “sympathizer” was “based on prejudice” and desighed “to prejudice the people of the United States.”
Defends Black’s Record
Senator McGill defended Mr. Black's record in the course of a hitter Senate battle in which a minority bloc of Republican and Democratic Senators sought to delay or defeat confirmation of his nomination to succeed retired Associate Justice Willis Van Devanter, of Indiana. Mr. Black absented himself from the Senate chamber during the debate. Senator Copeland, reciting charges that Mr. Black had once been affiliated with an “un-Godly, unAmerican,” organization, asked Senator McGill if he would vote against confirmation in event it were proved definitely that the Alabama Senator had been a member of the Klan. “Senators,” said Senator Copeland as he assumed leadership of the fight against Senator Black, “our duty is clear. This nominee should be rejected if the Klan relationship charge is true. “What will happen if a half-dozen men of the mental bias of the nominee should be seated on the bench? Is it likely that the remodeled court would deal tolerantly and generously with religious and racial questions as it has done in the past,” he asked.
2 BROTHERS KILLED BY SPEEDING TRAIN
Bu United Press PLYMOUTH, Ind. Aug. 17.—Milton Jenkins, 20, and his brother, Harold, 19, both of near Hanna, Ind., were killed today when struck by the speeding westbound Broadway Limited train of the Pennsylvania Railroad near Hamlet, Ind. Ten vears ago, their father was killed at a nearby crossing. The two youths were working on a railroad section gang when they were killed. Milton was a student at Concordia College in Ft. Wayne. Harold attended Concordia Semi-
It’s 47, and Average Is 35
nary in St. Louis.
| Re
3
J
EE A
nd these days, say these two men. Even
FORECAST—Possibly thunder showers tonight or tomorrow; cooler tom orrow.
3 PROSTRATED AS HEAT HEADS FOR NEW MARK,
Record for 1937 May Be Set Before Nightfall, Bureau Says.
HUMIDITY IS HIGH, TOO
To 40; Slight Relief Is Forecast.
LOCAL TEMPERATURES Ch.Mh... 8 11% 'm... "a.m... 76 12 (Noon) Sh. Mm... 8 1p. Mm... 9a. m.. 84 1:35 p. m. 10 a. m... 88
91
Three persons were overcome by heat here today as the city sweltered under a scorching sun in record-breaking temperatures. The mercury soared to more than 91 degrees at noon, the highest for the year at that time of day. It was | 90 at noon on July 7, the day on | which the year's record of 93 was | set. J. H. Armington, chief of the U. S. | Weather Burea here, said that only increasing cloudiness cah prevent a new record later this afternoon. The high for g year ago today was 90. Elliott Allen, 44, of 622 N. New Jersey St, was overcome while at work on the Federal Building annex. He was taken to Methodist Hospital, where his condition was reported as fair, H. ‘Cooper, 50, of ‘Chicago, collapsed while in a Tibbs Ave. factory. He was admitted to St. Vincent's Hospital. Mrs. Sarah McBride, 26, of 419 W. 25th St, was overcome while working in her home. She was treated at City Hospital, Normal temperatures for today should be about 84, Mr. Armington said. Humidity was 47; the normal is 34 to 40, he said. The forecast for tonight and tomorrow was possible thunder showers, but the Bureau did not promise that they would cause the mercury | to tumble far. The only promise was that it would not be “quite so warm.”
Heat Relief on Way, Weather Man Says
By United Press Temperatures dropped slowly in
the Dakotas, Minnesota, Wisconsin, northern Michigan and Nebraska today, and Forecaster C. A. Donnel of the Chicago Weather Bureau said he hoped the current Middlewestern heat wave is over. “I think the cooling-off forces will spread south over Iowa, central and northern Illinois, lower Michigan and northern Indiana tonight and Wednesday,” Mr. Donnel said. A slight chance for local thundershowers in Kansas, Missouri, Illinois, southern Iowa and possibly northern Indiana was seen in the next 36 hours,
BOB BURNS Says: pyomvwoon.
There’s nothin’ I admire more than a man who deals with the public and can handle situations diplomatically and keep everybody happy. That's what I liked about Rev. Tweedle. He had the only church in his town and had to handle all kinds of people, but he treated ‘em all with equal consideration. One Sunday a lady came to Rev. Tweedle after church and says, “That plumber that sits in front of me has such a terrible voice and he can't carry a tune and he insists on singing.” She says, “He's ruining the services for me and you'll have'ta give him another pew.” The Rev. Tweedle says, “No, I can't do that because he’s liable to ask me why I moved him and it would hurt his feelings if I told him, but I'll tell you what I can do. I can ask him to join the chair.” (Copyright. 1937)
OLLYWOOD,
‘then it’s none to com- \ #3
TUESDAY, AUGUST 17, 1937
Young Democrats’ Chief Here
.
Entered as Becond-Class Matter at Postoffice, Indianapolis, Ind.
HEARING DATE ‘SET ON CITY'S 1938 BUDGET
‘First Session Will Be Held At 4 P. M. Tomorrow on Civil Requests.
ITEMS ARE INCREASED
‘Tax Levy of $1.3726, Hike | Of 23.26 Cents, Shown By Proposals.
| (Text on Kern's Message, Page 5)
First hearing on Civil City budget
Times Photo
| requests of $8,261,738.78 for 1938, an | increase of $1,122313685 over this | year's, is to be held at 4 p. m. to- | Morrow, The hearing was sot
after the
proposed budget, calling for a tax |
| levy of $1.3726, an increase of 23.26 "cents, was introduced in City Coun- | cil last night. Council action nn the budget is due by Sept. 6, after which it must be approved by the Marion County | Tax Adjustment Board and the
Frank Wickhem (lower step) national president of the Young | State Tax Board.
Democrats, is shown arriving for the national convention.
was Clair Roddewig, South Dakota member.
With him Attorney General and organization
The greeter is Frank J. McCarthy, Indiana member and
chairman of the national transportation committee.
M’Nutt’s Reported Aims
Startle Him,
Hoosier Hopes to Use Group As Bandwagon, Say Allen and Pearson.
(Merry-Go-Round, Page 12)
By DREW PEARSON and ROBERT S. ALLEN WASHINGTON, Aug. 17.—When
| the Young Democrats gather in an- | nual convention at Indianapolis this
week, they can be counted on to stir up as much ruction as their seniors have stirred up in Washington, The issue will not be the Administration’s legislative policies, but the effort of ex-Governor McNutt to use their organization as his political bandwagon. The battle cry of the fight will be “Stop McNutt.” The plan of Paul V. McNutt, now Philippine High Commissioner, to
use the Young Democratic Clubs | My RS pL | Young Democrats’ high commander. |
for advancing his political fortunes first became apparent two years ago at Milwaukee. When the Y. D.s convened there in 1935, they were surprised to find that the Indiana
delegation was led by no less a per- |
sonage than Governor McNutt—an
obvious and unprecedented bid for |
personal support. Mr, McNutt did things in fine style. He brought along a brass
band and staged a big banquet for | {the state presidents and committee-
men. As a result, he scored a 50 per cent success.
hoped for, he got one. He wanted
to bring the next Y. D. coRvention : } | mer Governor, he never has tried |
to Indianapolis, and he ‘wanted Y. D. support for “McNutt for Vice President” in 1936. Mr. McNutt's latest move to capture control of the organization was the announcement that Alvin OC. Johnson, a protege and state president of the Indiana Y. D. clubs, would be a candidate for national Y. D. president. Mr. Johnson personally is popuiar, but there is much resentment against his candidacy on the ground that it is a McNutt maneuver. However, Mr. Johnson's election is very likely, as his position of host gives him powerful campaign advantages, Fearing such an outcome, a group of Y. D. leaders went to James Roosevelt, long prominent in Y. D. affairs, and urged him to run for its president. But Jimmy, cannily sensing a fracas, sidestepped by pleading preoccupation with his White House secretarial job. The fight over the McNutt issue is no back-fence wrangle, but real battle that may tear $he organization wide open.
F. D. R. TO JOIN IN FETE WASHINGTON, Aug. 17.—President Roosevelt leaves tonight to par-
ticipate in celebrating the 350th an- Mary W. Dewson, director of wom- | dent at Lawrenceville School in New | niversary of the birth of Virginia en's activities for the Democratic | Jersey.
Dare on Roanoke Island, N. C., tomorrow.
SHE MAY HAVE SOLUTION
Have a nice cool ‘customer.
4
.
| By LEO DAUGHERTY
Of the two objectives he |
a |
Bring Denial Johnson, Reputed Protege Of Former Governor, Also Seems Surprised.
|
Someone mentioned something about former Governor McNutt's po-
litical interests in the Young Demo- | crats of America, and Frank Wick- |
hem, national president, switched off his electric. razor and “What's that?” The Sioux Falls, 8S. D, ‘had just arrived at the Claypool |’ Hotel for the organization's national {convention which is to open here { Thursday, and was a bit [about Washington reports of the | Philippines High Commissioner's ac- | tivity. [ “I know nothing of his (Mr. Mc- | Nutt's) personal objectives,” said the
“In my opinion, neither he nor any [other individual could gain control of the organization, even if they so | desired.” | Wayne Coy, administrative assistlan [denied the reports. He said:
fact. | diana political situation knows that | Johnson is not a McNutt carg a%e. { The Governor has no ca 0: (from Indiana or from an) aer | source. | “During the four years that I [have been associated with the for-
{to use the Young Democrats in any |way to further his political ambi- | tions.” Mr. Wickhem said that during the [two (Turn to Page Three)
GUARDS QUINS FROM INFANTILE PARALYSIS
| By United Press
CALLANDER, Ont, Aug. 17.— 11 of them fatal, reported in southern Ontario, Dr. Allan Roy Dafoe, the Dionne quintuplets’ physician, took determined steps today to guard his charges from even the slightest possible chance of their coming into contact with the disease. Dr. Dafoe issued strict orders that
nursery, home of the quins, “under any circumstances.”
NOMINATED FOR BOARD
|
Bu United Press
demanded: |
attorney |
startled |
“The storv by Pearson and Allen | [is clearly without foundation of any | Anyone familiar with the In- |
years he has been president, the |
With 64 cases of infantile paralysis,
| As the budget was introduced, the | Council received a letter from | Mayor Kern in which he explained | that approximately $592,000 of the requested hike was due to salary increases. He said $390,000 of the increase was budgeted to raise sal- | aries of policemen and firemen, as | mandated by the last Legislature,
|
Urges Elevation Fund
| | Other increases, he said, were | due to restoration of pay cuts and to increases in pay of laborers, The Mayor urged that an item of $50,000 to begin a track elevation fund asked by South Side residents [be kept in the budget. A similar | request was denied in the final draft of the eurrent vear's budget, | The total to be raised by taxation as the proposed budget stands is $6,076,588.18. Of the $1.3726 levy, 25.26 cents would not be included under provisions of the $2 tax lim=itation law governing cities, It provides for money needed in 1938 for bond funding and coupon payments on bonds, While the budget requests include funds for salary raises in the | Police and Fire Departments, Council deferred action on a proposad (Turn to Page Three)
|
——_— 1
HOME
FINAL
PRICE THREE CENTS
Neutrality Act Likely To Be Invoked by F. D. R. Today. BLOW TO NANKING
Step, If Taken, Will Imperil Recently | Granted Credit.
By United Press | WASHINGTON, Aug. 17.—= President Roosevelt today de- | cided to send 1200 additional U. 8S. Marines immediately from San Diego, Cal, to Shanghai to reinforce the Marine guard already stationed there.
(Editorial, Page 12)
WASHINGTON, Aug, 17.— A Presidential proclamation formally declaring present Sino-Japanese hostilities “a state of war” and applying the American Neutrality Law appeared imminent today.
JAPANESE OPEN BIG ATTACK IN SHANGHAI AREA
Mob Violence Flares
In Foreign Zone; One Slain.
CHINESE MOVE UP,
Nipponese Retreat in Chapei, Retaliate By Air Raid.
By United Press SHANGHAI Aug. 18, (Wednesday) Fires blazed over great sections of Shanghai today-—results of fierce artillery bombardment of the Pootung, Hangize Poo and Chapei sections—but inexplicably the gun duels suddenly quieted as the blazes flared.
(Another Story, Page Nine) By H. R. EKINS
(Copyright, 1937. by United Press) SHANGHAI, Aug. 17.-== Japan tonight launched a | grand offensive designed to drive more than 100,000 Chis nese soldiers from the vicine
ing as a “state of war” was believed {impending because of the practical | difficulty of President Roosevelt | longer evading the unwelcome task (placed upon him by the Neutrality Law, This law states that “whenever the President shall find that | there exists a state of war between | or among, two or more foreign states Fe President shall proclaim such fact.” The law requires that its em=bargo provisions shall apply equally | to both belligerents. But public
{ opinion is generally considered to be |
| for the Chinese and considers Japan | to be the aggressor and China the | victim. Privately most officials take [ihe same view, although officially they take no “sides.”
Inherited the Duty of Leadership.
By NVA Service Prince Fumimaro Konove, at 45 the youngest but one of all Japan's | premiers, faces a tough job, for | which he has had every possible | preparation. He has family, position, education, training, the highest sponsorship, every advantage that could go to the conscious making of a leader. | Born of the Fujiwara line, for centuries close advisers of the Em=- | peror, Konove became the head of his own distinguished family at 13. When a student at Kyoto Imperial University, he followed his | father's precedent in seeking the | advice and guidance of Prince | Saionii, last of the Genro or Elder | Statesmen. | Made Tour to U. S. In 1919 he accompanied that | statesman as one of his staff at [the Versailles peace conferénce. He | married Chiyoko, daughter of Viscount Takanori Mori.
At 30, Konoye was automatically |
| elected to the House of Peers, and
[election as its head, a position held | by his father before the RussoJapanese War,
Konoye has always been inter- |
ested in the United States, and in | 1034 came to this country on a
War's ‘Strong Men’ Have Intimate Ties With U. S.
Japan’s Fuminare Konoye China's Chiang Kai-shek Is
t to Commissioner McNutt, also |
Veteran in Fight for ‘New China.’
By NIA Service Chiang Kai-shek, China's “strong man,” is* today its president, its ‘chief active military lead-| er, virtually its dictator, though he | dislikes the term and its implica=- | tions. Not quite 50 years old, Chiang has been a military man since the age of 18. He was born of a sub- | stantial middle-class family 100 |‘ miles south of Shanghai, and was [schooled in the Chinese classics, | After a year in the Paoting Mili- | tary Academy, Chiang was sent to | Japan, where for years he studied | at the Tokyo Military Academy. | Leader in China's Revolution Returning to China in 1911, he threw his lot in with the revolu- | tionaries who were driving out the (last of ‘the Manchu emperors. | Chiang became very close to Dr. Sun Yat Sen, “China's George | Washington,” serving as his secre(Sory and confidential aid. During the somewhat shaky Sun | Yat Sen republic, Chiang set up
“no one” be admitted to the Dafoe | his activity and energy won him | as a foreign exchange broker, and
| is supposed to have made a great deal of money, much of which sus- | tained the republican cause. About 1923, Dr. Sun became inter- | ested in the Russian Revolution, and sent Chiang to Russia to study the
WASHINGTON, Aug. 17.-—Presi- | “good-will mission” as well as to Red army, the army schools, and
dent Roosevelt today nominated
i National Committee, to be a member of the Social Security Board.
drink, smiles Vera Hacgleman, winking at her Ay
| visit his son Fumitaka, then a stu-
| Konoye's attractive personality (Turn to Page Two)
BUT KIDS WILL TAKE
| communism generally. On his return Chiang headed the {Whampoa Military Academy, and thus gained a personal following, (Turn to Page Two)
THIS
Recognition of the Oriental fight- |
lity of this blood-splattered [city of 3,500,000, | Reinforced by regiments of the Japanese Home Army landed dus (ing the past 24 hours, the Japa | nese took the offensive on all fronts and appeared definitely to have ese | tablished their supremacy in the aie, It was reported that the Japaness (had landed two divisions of troops | at Liuho on the Yangtze River near | the mouth of the Whangpoo. | Late tonight close to a hundred Japanese civilian refugees forced entrance into the lobby of the Astor | House, at the north end of the Giats | den Bridge on the Bund, and took | Possession of the hostelry. G. Here (zel, secretary of the Hong Konge Shanghai Hotels, Ltd, a Britishe owned concern, immediately pros tested to the Japanese consul wha | promised their withdrawal, A bitter campaign was indicated, | possibly longer than the five-week | Shanghat war of 1932, in which tens of thousands of Japanese and Chi= {nese were killed and wounded. It was understood that a senior general of the Japanese Army was | arriving to assume charge of opers ations, Plan Ewveloping Movement
The Japanese apparently planned a vast enveloping movement which eventually may extend to the very walls of China's national capital, Nanking Generalissimo Chiang Kai-shek and his associates in the central government were ready to abandon the capital at any moment. Tt was understood archives already were being shipped to Changsha, where the war capital probably will be established. Americans and other Occidentals
[ continued to flee Shanghai and it
was hoped that by the end of this week most of the American coms munity of 4000, plus scores of refugees and tourists, would have (Turn to Page Two)
TIMES FEATURES ON INSIDE PAGES
Merry-Go-R'd Movies Mrs. Ferguson Mrs. Roosevelt Music Obituaries .. Pegler ...... Pyle “ Questions Radio Scherrer Serial Story Short Story Society . 3 | Sports oa 8 | State Deaths 12 | Wiggam
12 13 11 11 19 5 12 11 18 19 11 18 18 9 15 5 19
Books Bridge Broun Clapper Comics Crossword Curious World Editorials .... Fashions Financial Fishbein Flynn Forum ‘te Grin, Bear It In Ind'pls . Jane Jordan Johnson
ven 8 ven 12
v.18
19 12 8
8 wii
12 18
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