Indianapolis Times, Indianapolis, Marion County, 17 September 1937 — Page 1

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VOLUME 49—NUMBER 163

NINE POWERS

Hunt Extended ta Planes And Surface Warships In Mediterranean.

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ACCORD SNUBS ITALY

Chinese Formally Protest U. S. Application of Arms Embargo.

INDIANAPOLIS—Indiana Meihodist Conference urges President Roosevelt to invoke Neutrality Act. GENEVA—Nine powers sign agreement to extend “piracy” hunt to surface warships and airplanes; move regarded new snub of Italy. 'WASHINGTON—Chinese National Government files formal protest with U. S. on partial application of arms embargo.

ROME—Italy refuses to withdraw

fleet from patrolled zone; Premier |;

Mussolini refuses compromise on equality of shares in patrolling. NANKING — China’s preparation for long and costly. war indicated in| “liberty loan” campaign for $145,000,000. PEIPING—Japanese new major attack repulsed.

(Simms, Page 25)

GENEVA, Sept. 17 (U. P.). —Nine Mediterranean powers, headed by Great Britain and France, signed an accord tonight authorizing signatories of the Nyon agreement to fire on “pirate” planes and surface ships as well as submarines- in the Mediterran-

ean.

The accord made more emphatic a period of military and naval cooperation between Britain and France in the Mediterranean unprecedented since the World. War, signalized earlier by their mutual abrogation of the naval control system of the Spanish Coast without consulting Italy and Germany. Under the addenda to the Nyon accord, signatories may fire on planes and surface vessels attacking neutral shipping in the Mediterranean almost at will. An exception will be made in the case of such vessels attacking under the international rules of the -1930 naval

pact, || providing for prior warningf and measures for the safety of pas-

sengers and crew. Duce’s Plan Denied Instead of submitting to Premier Benito Mussolini’S demand for more than the tiny share offered him in the pirate hunt, the powers hardened [their attitude and intimated that they did not care very much whether he participated at all. This new move was a blow no less to Italy—suspected by everyone, although not named officially, of being herself the pirate power— than the Spanish Rebels. Already the powers had refused to recognize. the Rebeis, as Italy, || Germany and the Rebels demand, as belligerents. The Nyon agreement had arranged a death| watch for the submarines which| have been preying in the Mediterranean in behalf of the Nationalists.' By today’s move, the powers- struck directly at the Nationalists. Italy Gets Blame It is the general conviction that the pirate submarines are Italian, flying no flag, but operated by Italian crews and based on Italian ports. | Surface warships and airplanes to be included in the huni are officially Rebel. Iti has been charged that most of the airplanes operating in the Mediterranean for the Rebels are Italian made and manned. : It was regarded as almost certain that within the next few.days the Loyalist Spanish Government would be re-elected to membership for the 1937-1938 fiscal year on the council, ‘the executive body of the League of Nations. This would oe renewed recognition of the Loyalists as being the legal, properly constituted Government of the Republic. Italy, French and British sources asserted that it was possible still for Italy to adhere to the antipiracy agreement. :

China Protests U. S. Arms Embargo

WASHINGTON, Sept. 17 (U. P)). —Tha Chinese National Government today formally protested to the American Government over

President Roosevelt's applitation of | a partial arms embargo against

China .and Japan. The protest was . delivered to Secretary of State Cordell Hull by the -Chinese Ambassador, C. T. Wang, | who previously had expressed disappointment over, this country’s action but had reserved formal protest. While Secretary Hull said that the protest was made, he declined to discuss the matter or his reply, beyond saying that the American Government order speaks for itself.

Italian Fleet Stays In Patrolled Zone ROME, Sept. 17 (U. P.).—Italy has not withdrawn her fleet from waters covered by the new nine-

power Mediterranean antipiracy control, it was said today in well-

informed quarters.

The position was taken. it was unod, that as Italy did not

o

Hoosier “Town Crier’ Reads Proclamation to

The Indianapolis

FORECAST: Fair tonight and tomorrow; warmer tomorrow.

FRIDAY, SEPTEMBER

Hear Ye! Hear Ye! In the manner of the Colonial dressed in a costume that he would

Whaley (left), a senior, today gathered the Washington High School students around him on. the campus (right), and read them President Roosevelt's announcement of the sesquicentennial celebration of

"the signing of the Constitution.

F D. R. Speech Stresses National Unity ~ As U.S. Observes Constitution Day

: a Times Photos.

La Guardia and Mahoney Easily Defeat Copeland

NEW YORK, Sept. 17 (U. P.).—Mayor Fiorello La Guardia and Jere-

miah T. Mahoney defeated Tammany’'s mayoralty candidate,

Senator

Royal Copeland, resoundingly in yesterday’s primaries, almosé complete

returns showed today.

‘Mr. Mahoney won the Democratic nomination and Mayor La Guardia

was named the Republican nominee.

Mr, Copeland ran on both Demo-

cratic and Republican tickets and was actively backed by former Governor Al Smith. Mayor La Guardia got more than 50,000 Democratic

votes on a last minute writein vote.

CHURCHMEN ASK ROADHOUSE BAN

Methodists Also .Condemn Liquor, Gambling and Fascist Trends.

®

By SEXSON HUMPHREYS

Southern Indiana Methodists prepared today to send a delegation to Governor Townsend demanding that dog tracks and roadhouses in Hendricks, = Clark * and Dearborn Counties be closed by State Police.

Meanwhile a united session of the Indiana Canference of the Methodist Episcopal Church at Roberts Park Church today heard Bishop Francis J. McConnell, in a Constitution Day address, declare the U. S. Constitution, by its surrender of sovereignty and its compromises, offers the world a recipe for peace. “Nationalism is the greatest rival of religion,” Bishop McConnell said.

Debate Conference Report

Then members adopted the report, of the Conference Committee on the State of the Country, which included the attack on gambling.

The amendment providing for a delegation to see Governor Townsend was accepted by consent. The report proclaimed the faith of the conference and its. opposition to dictatorship. : “We refuse to destroy political liberty to win economic justice,” the report declared. “We view with alarm Fascist trends in America. The attempt of any one branch of | Government to dominate the others is the first step to fascism. The President's Supreme Court reform proposal was not mentioned. Public relief system “which are slowly destroying the morale of the American public” were attacked in the report. It declared that every man had the right to work and the obligation to work and should be provided jobs instead of the dole. The report demanded collective (Turn te Page Three)

STATE JOINS G-MEN IN HUNT FOR BRADY

Police Aid Given as Leach QOuster Becomes Final.

A State policeman has been detailed to aid G-Men in the hunt for Al Brady, it was disclosed today after the State Police Board had made final the dismissal of Matt Leach as State captain because “he failed to co-operate with the Federal Bureau of Investigation.” Mr. Leach, at a public hearing in the State House yesterday, denied he had withheld information from Department of Justice men and said Federal officers had failed to co-op-erate with the State Police Department. : Mr. Leach criticized methods and policies of the G-Men because “they endangered the lives of other peace

officers and citizens.” “Ig every instance without excep- | tio whenever I have received in- | tcf wre of a Federal law violation

Incomplete returns shortly before noon showed:

REPUBLICAN PRIMARY

Fifty-five districts missing of 3797. DEMOCRATIC PRIMARY

Mahoney ...................412,103 Copeland ra ann ae 241,097

Cee so sen

Ta Guardia ...... .. .o. i 55,906

Sixty-eight districts missing of 3797.

The “writein” vote for Major La Guardia seemed to make it evident that he would get the votes of thousands of Democrats at the general election in November, and his supporters already were declaring that he was assured of another fouryear term in City Hall.

Tammany Men Beaten

Mayor La Guardia carried with him in the Republican primary the rest of his city ticket—Joseph D. MceGoldrick, candidate for Controller, and Alderman Newbold Morris, candidate for president of the City Council, over Frank J. Prial and Borough President Samuel Levy, their Tammany-sponsored opponents. In the Democratic primary, Controller Prank J. Taylor, candidate for renomination, and Max J. Schneider, candidate for president of the Council, went along to victory with Mr. Mahoney. The La Guardia “writein” vote showed up strongly in early returns, and‘the Copeland forces at first were jubilant on the ground that every Democratic vote for the Mayor meant one less vote for Mahoney. They lost all hope shortly after midnight, when Mr. Mahoney gained a substantial lead. Mayor Goes to Bed The Mayor, ‘who made only one

‘| formal speech during his campaign,

in which he ruled out all national issues, went to bed at 11 P. m. without commenting on the returns. Copeland headquarters were silent. Kenneth F. Simpson, chairman of the New York County Republican Committee, one of Mr. La Guardia’s most active supporters, said: “The figures from the Republican vrimary and the large ‘writein’ vote for Mayor La Guardia in the Democratic primary insure a victory in November for La Guardia and the

Republican ticket of landslide pro-'

portions.” It was believed that approximately 1,000,000 votes were cast during the seven hours the polls were open yesterday.

President Hits Sectionalism In Talk at Scene of Civil War Battle.

SHARPSBURG, Md. Sept. 17 (U. P.)—President Roosevelt declared today at the scene of the Civil War's bloodiest battle that his Administration started the American people thinking in “national”’—rather than ‘sectional’—terms. Mr. Roosevelt spoke at the 75th anniversary celebration of the Battle of Antietam. About 15,000 persons, many of whom carried American and Confederate flags, gathered here, but only a few were able to hear all of the address. Faulty loud speaker equipment caused the President’s voice to fade. Senator Tydings (D. Md.), introduced Mr. Roosevelt, whose theme was national unity. “It is too soon to define the history of the present generation,” the President said, recalling the bitter years of reconstruction. “But I venture the belief that it was not until the World War of 20 years ago that we acted onee more as a nation of restored unity, “Thinking in National Terms” “I believe also that the past four

«| years mark the first occasion cer-

tainly since the war between the States, and periiaps = during the whole 150 years of our government, that we are not only acting but alse thinking in national terms.” Mr. Roosevelt said “we know today that it was for the best that the conflict did not end in a division of our land into two nations.” “We must not deny that the effects of the so-called ‘Era of Reconstruction’ made themselves felt in many evil ways for half a century,” he ‘continued. “They encouraged sectionalism, they led to misunderstanding and they greatly retarded the unity of the nation.” The President was to eat a picnic lunch on the return trip to Washington and speak tonight at the sesquicentennial celebration of the signing of the Constitution.

CARPENTERS SPURN

Crafts Remain Deadlocked Over Jurisdiction.

Carpenters’ Union officials today refused to participate in a proposed conference with the Building Trades Council as the jurisdictional dispute emong the crafts remained in deadlock.

president, said building activity, which had been retarded since Tuesday by a walkout of craftsmen, “will be resumed full strength in a day or- two, without the carpenters.” The Council ordered craftsmen off local construction jobs after Carpenters’ Union officials refused to recognize jurisdiction of the Coun+ cil’s arbitration board set up to settle inter-union disputes. Robert Fox, Federal Department of Labor representative, and Maz Schafer, State conciliator, met wit! the Council's executive board today. Mr. Schafer said: “Both Federal

| as principal speaker on the audi-

UNION CONFERENCE,

Meanwhile, Carl Vestal, Council’

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PUBLIC OFFICES CLOSED HERE

Local Schools Take Part in Commemorating 150th Anniversary.

(Another Story by Dr. Charles Beard, Page 21; Editorial, Page 22; Radio, Page 37.)

As schools and public officials today offered programs commemorating the 150th anniversary of the United States Constitution, Senator

VanNuys announced he would defend his stand opposing the President’s Supreme Court proposal in a speech tonight in Anderson. . The State House, City Hall and Court House closed at noon today. At noon Senator VanNuys gave a short talk at a luncheon of. the Indiana Society, Sons of the American Revolution, ati the Spink Arms Hotel. : : Other speakers include Homer Elliott, before the Republican Fundamentalists in Hotel Lincoln, at 7:30 p. m. and Judge Walter E. ‘Treangr, Indiana Historical Association, in Indiana Library and Historical Building at 4 p. m. Mayor = Boetcher will make his first speech as ‘Mayor on a Constitutional Day program over WIRE at 9:30 tonight. : . School Events Listed At Shortridge High School, pupils were to devote ‘all history, political science and economic classes to the study of the Constitution. The program was to continue throughout the day. Mrs. Winfred C. Craig had prepared an outline of the nature, fundamental principals and history of the Constitution for the pupils. Washington High School pupils arranged assembly programs for both morning and afternoon. Mrs. Clayton Ridge, School Board member, traced the Constitution's history

torium program. |

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URGES TAX BOARD EXEMPT 4 CHURCHES

The State Tax Board today was considering the possibility of taxing properties of 11 Marion County church congregations. Philip Zoercher, Board chairman, said he received a letier from the: Railroadmen’s Federal Savings and Loan Association stating that it held titles to the properties which it had sold to the congregations on contracts with options to purchase them. : The letter pointed out that the County Tax Commissioners had placed four of the properties on the tax lists—burdening the congregations, all of which ars small. The association’s letter requested the Board to try to have the prop- | erties removed from the tax list and be made tax exempt, the same as other church properties. Mr. Zoercher said, however, that “if a lease contract is made with

erty is not tax exempt even if it is used for ‘religious purposes.”

is Schoolmates

Lisening to “Town Crier” Whaley as he read the prociamation of the President was this crowd. The President proclaimed that the observance of the Constitution signing 150 years ago would continue throughout the nation for the next 19 months. Mrs. Kathryn D. Schakel of the. social science department is general chairman of the arrangements com-

the option to purchase, the prop- |

and State departments are combin(Turn to Page Three)

Identification of the churches

ime

tered as Second-Class Matte: » Postoffice, Indianapolis, Ind.

Borah Opens Debate With Vigorous Attack on Dictatorships.

(Radio Details, Page 37)

WASHINGTON, Sept: 17 (U. PJ). —President Roosevelt, Secretary of Interior Ickes and foes of the Administration’s defeated judiciary program observe the 150th anniversary of the Constitution today with speeches bearing on the possibility of revival of the Supreme Court issue. Senator Barah (R. Idaho), veteran constitutional expert and

HOME

FINAL

PRICE THREE CENTS

ATTORNEY RAISES

(Pegler and Gen.

Boston lawyer, proposed to

postpone any attempt to sit

Mr. Kelly’s move was the within 12 hours.

strategist in the fight against the | Administration court plan, opened | the debate last night with a radio |

speech in which he :declared that

an independent judiciary was es- |

sential to democracy, and flayed dictatorial tendencies at home and abroad. He declared that America would never surrénder or compromise “that individual initiative which

is" the crowning characteristic of He assailed those who

our people.” would bend ‘the Constitution fo “every political breeze.” : The - nation-wide - observance of Constitution Day will be climaxed tonight by President Roosevelt when he goes to the foot of the Washington Monument to - speak his views on constitutional Government. How far the President would go toward indicating his future plans in-regard to the judiciary, remained uncertain. Many observers believed that the controversy arising from charges that Justice Black is a member of the Ku-Klux Klan would cause

the President to avoid direct ref-:

erence to the Court issue. Senator Borah’s address was a prelude to three other speeches to(Turn to Page Three)

WARMER PREDICTED FOR CITY TOMORROW

Light Frost Not Expected to Return Tonight.

LOCAL TEMPERATURES . m... 45 10a. m... 59 vee 31 11 a.m... 53 ... 54 12 (Noon) 61 58

Last night’s light frost will not be repeated = tonight, the Weather Bureau said today. The bureau said it was doubtful if Marion County crops were hurt. The pressure area that has brought subnormal temperatures throughout the Midwest appears to be moving eastward. The forecast is for fair tonight and warmer weather tomorrow. The bureau said heavy frosts were reported at Ft. Wayne and Cambridge City, and killing frosts occurred last night in northern Indiana wheat fields. .

W. D. HEADRICK IS DEAD

William D. Headrick, Indianapolis attorney, died of heart disease last night at his home on W. 58th St. In 1926 he was Democratic candidate for Congress.

, was withheld.

Isolated for 20,000 Years, ‘Island in Sky’ Is Reached

By Scientists Who Report Evidences of Animal Life

RAND CANYON, Ariz, Sept. 17 (U. P.).—A party of explorers reported today that it has found “unmistakable evidences” of animal life on an “island in the sky,” 4600 feet high and isolated from other land for 20,000 or more years. : This report, one of the most exciting in the annals of natural research, was made by two members of the party that scaled the sheer sides of the “island” yesterday. They were the first men, in living or written memory, to visit it, and, according to scientific conjecture, may have been the first men to ever have touched its soil. The “Island” is the 275-acre top of a shaft that rises from the bottom of Grand Canyon, whose walls are almost as smoothly perpendicular as. the sides of a column, This shaft was formed By the cutting. grinding currents

Grand Canyon. It is called Shiva Temple.

Four scientists and five packers climbed tne walls yesterday. Last night all but two returned for more supplies, and reported that they had found deer runs, horns shed by deer, and traces of other animals. -They found no water, which meant, M: R. Tillotson, superintendent of Grand Canyon National Park, said, that “any animals living there have developed permanent characteristics that enable them to exist with’ moisture from plants and what rainfall occurs.”

= » »

R. HAROLD D. ANTHONY, curator of the mammalogy department of the American Museum of Natural History, and Edwin D. McKee, chief naturalist of the N remained on

rades were to rejoin them today with more food and water and ether supplies. The party's camp was pitched on a “saddle,” a marrow strip of land which crosses from the wall of the canyon to the wall of the shaft near its bottom. By radio from this camp, Mr. Tillotson made this report to National Park headquarters: : “The first thing we did when we reached the top at noon Thursday was to. go thoroughly over the entire area. We found considerable evidence of wild life, including; much to our surprise, deer. : “A hasty examination did not show how the deer could have gotten up there. We found their droppings all over the plateau and we found their antlers too.”

He said they had seen no deer

fun trapping the animals and identifying the specimens.”

~- # » »

; R. ANTHONY himself was as much out of touch with civilization as though he was on an unknown continent, though, from the top of Grand Canyon, his ¢amp fire could be seen clearly. The party did not take a radio to the top. The climb was so steep and so dangerous, that burdens had to be kept to a minimum. Included in the party was Walter A. Wood Jr. of the American Geographical Society, who was one of those who returned to the camp. He thought he might fly over the “island” : today and parachute a radio, scientific equipment, food and water down to Dr. Anthony and Mr. McKee. Mr. : dio

KU-KLUX SPLIT PARTY IN 1924

Democrats Unwillingly Recall Bitter Fight on Same Issue.

By THOMAS L. STOKES Times Staff Writer

WASHINGTON, Sept. 17.—In trying to assess the possible political effects of the Justice Hugo Black-Ku-Klux Klan incident, minds of

Democratic: strategists go back automatically, but unwillingly and shudderingly, to the bitterly emotional fight over the Klan issue at the 1924 Madison Square Garden convention. There the party was split asunder in a “natural” Democratic year, what with the “Scandals of the Harding Administration” as its campsign theme. But largely because of the Klan issue, the Democrats finally had to compromise on a J. P, Morgan lawyer, John W, Davis, as their standard bearer. And the party endured several lean years

thereafter until the depression issue |

finally healed its torn ranks again, President Roosevelt saw the vicious battle of Madison Square Garden. He was there. He was a participant as a delegate from New York state and the nominator and champion, for the second of three times, of Alfred E. Smith, who struggled, in vain, against the embattled Klan and prohibition forces. There, too, was Homer Cummings, now attorney: general. The Hugo (Turn to Page 15)

MORGAN ASKS $1000

CUT IN OWN SALARY

Head of Schools Submits Request to Tax Board.

Supt. of Schools DeWitt S. Morgan today recommended to the Marion County Tax Adjustment Board that it cut his annual salary from $10,000 to $9000. Immediately thereafter a group of 20 women, representing women's clubs, urged the Board to leave untouched the School City budget request for the 1938 building program, amounting to approximately $316,000. ~ Led by Mrs. Henry W: Ker, Indiinapolis Council of Women presiient; Mrs. Charles H. Smith, Womsn’s Department Club, and Mrs. Nitt W. Hadley, Indianapolis Par-nt-Teacher Council president, the jelegates warned that too great congmy in the school budget would je detrimental to school children. : The hoard then began a study of the budget request. Edson T. Wood Jr, 34 E. 43d St., today sat as a member of the Board. lle was appointed by county judges io fill a vacancy created by the jesignation of Louis J. Borinstein. Budg:ts of the Sanitation, Park, i%olice Radio and Municipal Airport 1Jepartments were examined by 1nembers yesterday. For the first time since the hearing opened Monday, Board members 1oiced unanimous approval of a City ¢epartment budget. After scrutiniziag each item . for possible cuts, lloard members appeared surprised v/hen Nish Deinhart, Airport superiatendent, said he was asking for ¢nly $1015 for the Airport next year.

GOVERNOR NICE STRICKEN BALTIMORE, Sept. 17 (U. P.).— (iovernor Harry Nice of Maryland vias ordered brought to Union Me-

tiorial Hospital here today for ex-

WASHINGTON, Sept. 17

TWO PROBES OF BLACK CHARGES ARE DEMANDED

Boston Lawyer Asks Chief Justice Hughes to Determine Appointee’s Right to Seat; Wheeler Requests Investigation.

NEW LEGAL POINT

Speaker Bankhead Denies He Ever Was Member of Klan as Dispute Spreads Over Nation; President Still Silent.

Johnson, Page 22)

(U. P.).—Patrick Henry Kelly, Chief Justice Charles Evans

Hughes today that the Supreme Court appoint a committee of lawyers to investigate and determine the right of Justice Hugo L. Black to take his seat on the high tribunal. | Mr. Kelly suggested that Justice Black be advised to

on the bench until after the

Court had determined his status.

second investigation proposal

: Senator Wheeler (D. Mont.) earlier demanded that President Roosevelt appoint an impartial board “to inquire into Mr. Black and the Ku-Klux Klan charges. Senator Wheeler said that if Mr. Roosevelt failed to act the Senate should authorize its own inquiry.

, Mr. Kelly's letter, which also was sent to Attorney General Cummings, but which |

has no legal status before the Court, said that it was ‘not sure prising that the supporters of fore mer Senator Black’s confirmation, intoxicated by the obscure implica tions drawn from the maudlin sene timentality of Senatorial courtesy, found it more prudent to ignore and sidestep” the charges brought by Senator Borah than to attempt to refute them. Mr. Borah had contended before! the Senate that, due to faulty drafte ing of the Supreme Court retires) ment act, no vacancy had been cre= -

Van Devanter of Indiana. Asks Commitiee Be Named

“It is now suggested,” Mr. Kelly's, letter said, “that the Supreme Court forthwith appoint a committee com=| posed of members of the bar of the | said Court to institute legal process to determine the title of Hugo I]

Black to the commission issued to | him by the President; and that such || - committee be authorized to proceed | with all due dispatch consistent with | due| process of law and the right of | the said Hugo L. Black to have the | said matter heard and determinpd us Tne Court at its October session, Mr. Kelly’s communication pointe | ed out Mr. Black already was a de | facto Justice, but asserted that the | assent of the Supreme Court was necessary before his dejure title could be perfected. | His claim to the seat, the letter | recalled, was challenged in the Sene ate and “it is the inexorable duty of | the Court to investigate and deter- | mine his claim to the title before he is permitted to sit in the October | session.” . The letter suggested that Justice Black be notified to defer any ate | tempt to be inducted into office une. til action is taken by the Court.

Raises New Legal Point

Such a course, the letter said, would serve to avoid embarrassment, | as it is certain that some litigant before the court would otherwise challenge Justice Black's right to sit. : Mr. Kelly’s communications raised a different legal point than that in the motion already placed before the Supreme Court by Ale bert Levitt, former. Justice Depart= ment official. Mr. Levitt contends that Mr. Black is constitutionally debarred from the Supreme Court post because he sat as a member of the Senate which enacted the Sue preme Court Retirement Act. The Retirement Act, Mr. Levitt holds, increased the emoluments of Supreme Court office and hence members of the Congress which en= acted it are not entitled to serve on the Court. The weekly newspaper, Labor, published by railroad labor organise zations, said in a story referring to the Black charges that the Klan issue was “duck soup” for “reace tionary newspaper foes of the Ade ministration.” : : “It was made to order to attack the President's court reform program and to intensify the campaign (Turn to Page Three)

TIMES FEATURES ON INSIDE PAGES

_e BOB BURNS, Page Three

Books ........21 Movies . Broun . 22 { Mrs. Ferguson 21 Comics ...36, 37 | Mrs. Roosevelt 21 Crossword ....36 | Music ... Curious World 37 | Obituaries Editorials .....22| Pegler ,......22 Financial .....30 | Pyle ..,...0...21 Fishbein .....26 | Radio ........37 Flynn ........30] Scherrer ......21 Forum .......22] Serial Story ..36 In Indpls . | Short Story ..36 Jane Jord 6 S50 riety os

ated by the retirement of Justice - -