Indianapolis Times, Indianapolis, Marion County, 23 September 1937 — Page 1
SCRIPPS — HOWARD §
ANTIPOLLUTION ACT UPHELD BY CIRCUIT COURT
Blackford Tribunal Affirms|
Order That Hartford City End Practice.
NO APPEAL, SAYS MAYOR
Disposal Plant to Be Ready By Dec. 31, 1938, Deadline, He Adds.
Constitutionality of the 1935 law that gives the State Commerce Department power to order municipalities and industries to stop polluting state streams, today had been upheld - by the Blackford
County Circuit Court. The court affirmed the State's order that the City of Hartford stop polluting Lick Creek with sewage, and set Dec. 31, 1938 as the deadline. The ruling was made on the city’s appeal from the State's order. ’ Mayor W. H. Gardiner of Hartford City said the City would not appeal the ruling but by the deadline would have in operation a sewage disposal plant that probably would cost between $100,000 and $200,000.
Termed Significant Victory
W. H. Frazier, Pollutioi. dearing Board secretary, informed of Judge Lon Burns’ decision, said it was a significant victory. He said that industries at Hartford City, responsible for perhaps half of the Lick Creek pollution, already had done much to abate it after being ordered to do so by the Department. Mr. Frazier said that by the time the City had its proposed sewage disposal plant in operation, the stream probably would be virtually free of pollution. Mayor Gardiner said that the City fought the case only to spar for time, and that City officials never had believed seriously the law to be unconstitutional. He said bids for a plant were to be received soon on specifications of plans drawn up by engineers who had been studying the problem for some time. Pollution from several Hartford City industries went into the stream through the city sewers, Mr. Frazier said, and he added that responsibility was the City’s even though it was industrial waste. Mayor Gardiner said it had been estimated that three-fourths of the pollution was industrial waste and one-fourth domestic waste. The Harford City order was the first to be appealed to the courts, Mr. Frazier said. Several. orders have been made and are being complied with, he said. He said the State is testing the restraining order as a weapon against seasonal industries. One such restraining order was obtained in Hendricks County two weeks ago, he said, ‘ordering the Brownsburg Canning Factory to stop putting its waste in a stream there.
BRIGHT SUN BRINGS TEMPERATURE OF 85|
LOCAL TEMPERATURES 6a m... 65 10 a. a.m... 61 11 a, - $a m.. 10 12 (Noon) 9a. m... 1p m...
84 85 85
A bright sunshine again today sent the mercury up to 85 with the
prediction that it would go even |
higher later in the afternoon. The
forecast was for warmer weather
tonight, followed by cloudiness tomorrow.
INDIANA INCOME TAX. ‘COLLECTIONS ARE UP
Times Special WASHINGTON, Sept. 23. — Indiana income tax collections for the second quarter of 1937 were $7,012,213, compared with $4,244,855 for the same period last year, the Internal Revenue Bureau Teported here today. i
VOLVYME 49—NUMBER 168
Crash Victim.
Raleigh) Spurlock
BOY, 8, DIES OF AUTO INJURIES
Raleigh Spurlock Fatally Hurt When Car Upsets Near Waverly.
The name of Raleigh Spurlock, 8-year-old son of Mr. and Mrs. Walter Spurlock, 1410 Charles St., today
was added to the list of Indiana's traffic dead. The child died in City Hospital last night of injuries received last Sunday in a crash on Highway 37 near Waverly, Mrs. Spurlock. said the child was injured when their car, in which they were en route to Martinsville, overturned when struck by another driven by a Mr. Tomey, whose first name she did not know, of Elnora. Besides the parents, the child is survived by two brothers and four sisters, Robert, | David, 6K Harriett, Ruth, Grace and Ethel. Four speeders were among 40 persons convicted of traffic law violations in Municipal Court today and were fined $75 of the $167 assessed in traffic cases.
“Dollar-a-Mile” Penalties
Judge Charles Karabell continued his policy of “$1 & mile” in two of the cases. Morris B. Yager, 615 N. Bradley St., charged with driving 45 miles an hour, 15 over the limit, was fined $15 and-costs. Paul Feller, Anderson, charged with driving 42 miles an hour, was fined $12 and costs. - “Fhree - residemts of ‘Indianapolis were injured in‘ automobile -accidents yesterday and last night. Charles Boffing, 23, St. Clair and East Sts., was in City Hospital in a serious condition {today as the result of injuries received in an accident north of Edinburg late yesterday. According to police, Mr.. Boffing and Walter<Johnson, 17, of 351 N. Arsenal Ave, who were riding a motorcycle, crashed into a truck. Both men were brought here by an Edinburg ambulance. Johnson was uninjured. Miss Jean Bennett, 14, of 534" S. East. St., was treated for bruises and cuts on her left side at City Hos(Turn to Page Three)
FORECAST: Fair and somewhat warmer tonight; increasing cloudiness tomorrow.
»
LEGION NAMES D. J. DOHERTY AS NEW CHIEF
Boston Lawyer Succeeds Harry L. Colmery as Commander.
¥
~
ALIEN _‘ISMS’ FLAYED
Punishment Asked for All|
Who Urge Force to Upset Nation.
(Gen. Johnson, Broun and Pegler, Page 14)
NEW A YORK, Sept. 23 (U. | P.).—Daniel Doherty of Massachusetts was elected National Commander of the American Legion today at the 19th annual convention.
NEW YORK, Sept. 23 (U. P.).— The American Legion today called upon the United States Congress to enact | legislation providing for “punishment of American citizens who advocate the overthrow of the Government through force, fraud or violence” and for the deportavion “of all aliens who advocate such overthrow.” The recommendations were made at the concluding session of the
Legion's 19th annual convention when delegates unanimously adopted resolutions submitted by the Americanism committee. Daniel J. Doherty, Boston lawyer, who entered the war as a yeoman in the naval reserve, was expected to succeed retiring National Commander Harry L. Colmery, of Kansas. His chief opponent was Raymond |J. Kelly, Detroit corporation counsel, whose campaign managers were confident that the outcome would be in doubt until the last vote had been counted. Six hundred and seventy-one votes are required for election. > Prolonged cheers greeted William D. Schwartz of South Carolina, committée | chairman, when he ended reading the proposed resolutions. The. one demanding punishment of persons advocating overthrow of the Government also placed the Legion on record as opposed to “communism, fascism, Naziism” and any other foreign “isms” seeking “the overthrow of our free institutions.” The resolution condemned “all alien organizations in our country” which attempt to “promote ‘1dyalty to. some other government” and demanded congressional investigation of such organizations - whether (Turn to Page Three)
WARNS OF HURRICANE
MIAMI, Fla., Sept. 23 (U. P).— The Federal Hurricane Warning System warned vessels today of a tropical hurricane in the Atlantic, apparently moving north-northwest or north. The system located the storm approximately 1600 miles due east of Miami, the closest mainland port.
Eastern Star Delegates L Arrive for Convention
The venus) | of an. expected 10,000 delegates and visitors to the 22d ‘General, Grand Chapter, Order of Eastern Star, convention began to arrive here today. The six-day conclave is to open tomorrow and conticue through next Wednesday. From all states, possessions and several foreign countries they will come—600 delegates, 3000 out-of-state visitors and 6000 Indiana visitors, leaders here said. Registration is to start tomorrow at 9 a. m. Delegates are to register on the Hotel ‘Claypool mezzanine, out-of-state visitors at the Hotel Severin mezzanine and Indiana vis=
itors on the Hotel Lincoln's 14th floor. Early arrivals ‘included organization officials. Among them were Mrs. .Frances Haun, most worthy grand matron, Milan, Tenn.; Mrs. Minnie E. . Keyes, right worthy grand secretary, Washington; Mrs. Flora E. Campbell, right worthy grand treasurer, Washington; Mrs. Harriett J. Eckerson, International Temple Committee chairman, Casper, Wyo. and Mrs. Willie K. Keyes, past worthy grand matron, Utah, and credentials committee chairman for delegates. Banquets are scheduled in down(Turn to Page Three)
THURSDAY, SEPTEMBER 23, 1937
-S.. in Par 9- Pow
American . Officials De-| clare No Overtures Received on Treaty.
WASHINGTON—No overtures
Treaty in Chinese-Japanese war have been received from Britain or France, State Department officials said today. In meanwhile they awaited Japan’s reply to the strong protest of America to Japan’s conduct of war.
NANKING—A fleet of Japanese warplanes on its way to attack Nanking was routed by Chinese aircraft. Generalissimo Chiang
WASHINGTON, Sept. 23 (U. PJ). —The American Government today awaited Japanese and world reaction to the most solemn warning and protest which has confronted Japan in her determined drive to subdue China. American diplomatic officials, prodded into emphatic opposition to Japanese tactics, hoped that the State Department’s vigorous note, delivered yesterday in Tokyo, would serve in a measure to stay Japan's hand in China. The note, in effect, challenged Japan’s right under international law to bomb any densely populated urban area, even though military objedtives might be involved. It implied a warning as to the conse-
| quences of any bombing operations
which result in extensive destruction of noncombatant life and nonmilitary property. Although couched in diplomatic phraseology, the note was emphatic and clear. It not only stated this Government's attitude in vigorous terms, but also appeared to demand
self to a future policy. The American note -was formal and requires a formal reply under normal diplomatic procedure, Whether such a reply is actually being made the Japanese declined to say, and State Department officials considered it problematical whether the. Japanese would heed the warning in the American note. It was indicated that mere reiteration of assurances that American
ected would be far from satisfacory to the United States. Yester(Turn to Page Three)
MUBAT STOCK CASE
Estate of John -S. Stewart Loses Its Fight.
The Indiana Supreme Court today denied a petition for a rehearing of its ruling in favor of the Murat Temple Association in the case filed against the organization by administrators of the estate of John S. Stewart. The suit sought to redeem $12,000 worth of preferred stock certificates. Appeal was filed by the Wainright Trust Co., administrators. The company sought to reopen the case after the Supreme Court, on June 23, upheld a Marion County Superior Court decision in favor of the association. Mr. Stewart held $12,000 worth of preferred stock certificates, purchased in 1913 when the association organized and issued $350,000 in preferred and $175,000 in common stock certificates. : Litigants agreed that in 1922, when $165,000 of the original preferred issue, including the $12,000, still was: outstanding, the association issued another $40Q.000 Series B preferred certificates and $100,000 more in Series oc the next year. It was agreed also that on April 1, 1932, maturity date of the original preferred issue, it all had. been redeemed with the exception of $60,000 worth, including Mr. Stewart’s $12,000. : The Court held, however, later issues were used to pay off debts aggregating $500,000, which were priority claims, and that the association held no funds subject to claim
lof the plaintiff company.
Britain, France May Join
to America to evoke the Nine-Power |
Kai-shek expr gratitude . for support of en A, :
that Japan reply and commit her-|
lives and property would bé pro-
APPEAL IS DENIED
.Books
Fashions
- Johnson .....
East Action;
er Pact Still Idle
Hitler and Date: Duce to Confer Upon Keeping Peace, Nazis. Assert.
GENEVA—Great Britain and France reported to be consulting with United States on Possibility of Far Eastern conference on Chi-nese-Japanese- war. Conference would be independent of League of Nations.
BERLIN—Nazi party leader says Adolf Hitler and Il Duce will concentrate on maintaining peace in Europe at meeting Saturday in Germany. BAYONNE—Spanish Rebel leader, allegedly implicated in plot for Fascist uprising in France, is taken to Brest to face charge of attempting to hijack Loyalist submarine being repaired in France.
(Another Story and Photo, Page 13)
GENEVA, Sept. 23 (U. P.).—Great Britain and France are consulting United States authorities regarding the possibility of a Far Eastern conference to discuss the Chinese-Jap-anese war, it was understood today. The conference would be under the auspices of the individual na-
tic .is who participate, as having vital |
interests in the Far East. ‘Thus it would be separated not only from the League of Nations, but also from the League-sponsored international advisory committee on ChineseJapanese relations on which the United States has membership as an observer. It was admitted that the: plan was in the formative stage pending comment of American authorities. But it was expected to take more solid shape when the League-spon-sored advisory committee meets early next week to consider China's appeal for aid.
London was suggested as ‘the
headquarters for a new Far Eastern Committee, so as to take it entirely away from the League. Membership would be restricted to nations having direct important interests in the Far East. Such powers as the United States, Britain, France, Russia, Germany, Holland, Italy, Australia"and New Zealand were memtioned as possible members.
BERLIN, Sept. 23 (U. B.).—Fuehrer Adolf Hitler and Premier Mussolini ‘will concentrate, at their meeting which begins Saturday, on maintaining European peace, Adolf Wagner, distmict leader of Nazis for Bavaria; announced today. The announcement was made coincident with publication of the program for Premier Mussolini's oneday stay in Munich. It was announced that Premier Mussolini would arrive in Berlin Monday, to remain until Wednesday.
BAYONNE, France, Sept. 23 (U. P.) —Major Julian Troncoso, Spanish Rebel Commander allegedly implicated in a plot’ for a Fascist up-
rising in Southern France, was tak-.
en to Brest today to answer charges that he was connected with the attempted hijacking of a Loyalist stibmariné heing repaired in France.
MRS. INDIA BUTLER IS DEAD IN CHICAGO
Mrs. India Butler, 518 518 W. 28th St. national official in the Baptist church, died yesterday in the Rock Island Railroad station at Chicago
on her .way home from a Bapiist
convention in Los Angeles,
; Heart disease was the cause.
TIMES FEATURES ON INSIDE PAGES
Bob Burns ....3 evil Broun ........14 Clapper ,.....16 Comics .......30 Crossword ... 29 Editorials ....14 cess i23 Financial ,...18 Fishbein ,.....30 Flynn ....»...18 Forum Grin, Bear It 31 In Indpls. .... 3 Jane Jordan ..13 14
Merry-Go-R’d 14 Mrs. Ferguson 13 Mrs. Roosevelt 13 Music Obituaries ... Pegler ... 14 Pyle ........:. 13 Radio .........31 Scherrer ......13 Serial Story ..30 Short Story ..30 Society .......22 Sports ...... 20 State Death. 16 Wiggam
.16
Entered as Second-Class Matter at Ve ostofice, Indianapolis. 1nd.
JUDGE ORDERS
GAMING PROBE AT PLANTATION
I’ll Clean It Up if It Takes a Year, Vows Hancock Circuit Jurist.
SIX FARMERS ON JURY
Inquiry to Open Thursday; “Sheriff and Prosecutor Pledge Aid, Report.
Times Special ? § GREENFIELD, Sept. 23.—Hancock Circuit Judge John B. Hinchman today ordered a special Grand Jury investigation into alleged gam-
| bling at the Plantation, night club
on Highway 67, about 15 miles northeast of Indianapolis, in Hancock County. “I'm going to clean up that place
if it takes me a year,” Judge Hinch- |
man declared today: after the issuance of his instructions to the jury yesterday.
“I have information that all kinds.
of gambling goes on there,” the Judge said. “You can bet on-the horses, play roulettes, dice, cards— anything you want. I'm tired of Hancock County being a dumping ground for gambling people from other counties.”
Quiz to Open Thursday
Judge Hinchman said that the special jury would begin its investigation next Thursday. He said most of the witnesses would be from Marion and other nearby counties, but probably none from Hancock “because I understand they excluded people from this County and of course they wouldn't let me in if I tried.” The judge sald that he had been promised the co-operation of Hancock County Prosecutor John F. Higgins and Sheriff Clarence West. He said that his chief weapon against ending gambling; if it exists, is through the Grand Jury, but added that “if other means fail, I can ask for State Police co-opera-tion.” Judge Hinchman said that the request for the investigation had come from Hancock County sources, but that “the representative of an Indianapolis organization has furnished me some information.” Six farmers comprise the jury which is to make the gambling investigation. They are Charles M. Cook, Claud Hancock, Fred Raesener, Virgil F. Ostermyer, R. M. Nibarger and Jesse Snider.
Aid Not Asked Yet,
Stiver Reports
State Safety Director Donald F. Stiver said today that Hancock County authorities have not requested assistance of State Police yet in investigating activities at the Plantation Supper Club. “It is ‘our policy,” he said, “not to enter such cases until §ocal authorities call us in.”
HOME
FINAL
PRICE THREE.CENTS
Roosevelt Tactics on Expedition Puzzle Politicians.
DELAYS SPEAKING
Test of Popularity On Court Issue.
ABOARD PRESIDENT ROOSEVELT'S SPECIAL TRAIN EN ROUTE TO SEATTLE, Sept. 23 (U. P.).—Rep. Adolph J. Sabath (D. Ill.) assured President Roosevelt today that “the people were with him” in the controversy arising over charges that Associate Justice Hugo L. Black holds a life membership in the Ku-Klux Klan.
By THOMAS L. STOKES Times Special Writer
‘ABOARD PRESIDENT ROOSEVELT’S TRAIN, Sept. 23.—This westward swing of President Roosevelt is in some respects an episode of contradictions. If you look back only a little bit, it is rather amazing the President should have to go out now to bolster up his New Deal program and feel the pulse of the country.
Eleven months ago he was swept back into the White House by. the greatest majority in history. Little less than a year ago the hilarious crowds were virtually mobbing him as he paraded triumphantly through the corn and wheat country, and pressing frenziedly about him in the mill towns of New England. Something has happened between then and now, at least in Congress, which is the only practical barometer . which our democracy affords between elections. The court “packing” plan did it. A year ago no one could have predicted what has come to pass in the Congressional grudge on the President. Nor a year.ago could anyone have forecast the Supreme Court plan. In vain Republicans blasted at him on what they called “the constitutional issue.” He ignored them. Nor did Republican strategists, privately, blame him—as far as strategy went. They
(Turn to Page Three)
Washington,
Perry School
Budget Requests Are Cut
The Marion County Tax Adjusts ment Board today cut school appropriation requests to reduce 1938 levies of Washington and Perry Townships. One cent was taken oft Washington’s 54-cent Yate by cutting the
‘school bugget $870. One and a half
cents were sliced off the Perry Township $1.80 levy by reducing the school request $1500. The Board already nad pared 3 cents from the Franklin Township tax levy by reducing the school requests. Since the Board already has considered four other township budgets, only two more remained for consideration this afternoon, those of Wayne and Decatur. Preliminary hearings
budgets were nearing a close today.
on other’
Civil City, School City and County budgets already have been reviewed since the board went into session more than a week ago. Poor-relief and the County Welfare Department budgets were discussed yesterday. At the conclusion of the preliminary hearings, Board members must decide how various budget levies will be reduced to conform with a statutory limit of $2 for units within incorporated cities and towns and $1.25 for units outside, excluding fixed charges. The Indianapolis Center Township levy now stands at $3.62. Board members indicated yesterday some cut will be made in the Welfare Department budget. Cuts in all other budgets appear likely. Decisions on the final rates must be made by Oct. 1.
Journey Is Considered |
HOOVER CLINGS TO 1940 CHANCE; F.D.R. IN WEST
&®
Ex-Standard Bearer Believed Receptive To Nomination.
PARLEY DEBATED
Midterm Convention Question Up Today; Plan Disfavored.
WASHINGTON, Sept. 23 (U. P.)—The Republican National Executive Committee meeting here today was sharply divided on the proposal of Herbert Hoover to call a midterm party convention. Among proposals in connec- | tion with the Hoover plan was that for the immediate creation of a planning committee of 50 or 100 Republicans to draft and agree upon a declaration of fundamental principles, “not a platform in the usual sense.”
CHICAGO, Sept. 23 (U.P.). — Authoritative Republican sources disclosed today that former President Herbert Hoover had declined a proposal that he definitely eliminate himself from the 1940
Presidential race. Mr. Hoover was quoted as having told Republican leaders that, in urging an off-year party convention, he was “not a candidate” for the Presidential nomination, but he left the impression that he would be receptive to any effort to draft him, . One party chief suggested during Mr. Hoover's ‘recent conferences here that he issue a statement eliminating himself from consideration in 1540, but Mr. Hoover declined, He was quoted as having said: “Any man who says he doesn’t want to be President is not truthful to start with.” The conversation took place dure ing the former President’s talks with the important party leaders in the Chicago area during his recent attempt to persuade them to back his plan for a midterm cone vention late this year or next spring.
Party Studies Propesal
The executive committee of the Republican National Committee meets today in Washington to cone sider plans for the 1938 Congres< sional elections and suggestions for the midterm party convention. The meeting is one in a series with which Mr. Hamilton is opening the Republican campaign for next year’s Congressional elections. : A group of Young Republicans will meet in Washington Monday to discuss plans for a larger meeting of Young Republicans later this fall. The Hoover proposal has met with a cool reception among party leaders despite the fact that the former President has conducted an exe tensive campaign for the plan. Alf M. Landon, titular leader of the party, has failed to back up the idea, although he was understood to L have felt for a long time that a party conference next year would be beneficial, and that it might later develop that a convention would be a wise m@ve. Mr. Hamilton and Mr, Landon discussed such a plan about a month before Mr. Hoover dis= closed his idea. Generally, however, the local and state party leaders have opposed the proposal, pointing out it might create factionalism and dissension at a time when the party needs to - devote its entire efforts to harmony and consolidation of its shattered forces. ~ Several influential leaders who (Turn to Page Three)
UM! UM!
It’s cider making time in the | i Rockville Road for
IT’S CIDER TIME IN INDIANA .°
OFF TO THE MILL WITH. THE APPLES .
Indiana and bountiful apple crops are being. gathered for the sading of the fall drink. Frances Dunn no and Dorothy Aly, y are picking the fruitiin 3. to. nearby cider mi
L. Dunn’s. orchard on
AND HERE’S A GREAT
And here’s a barrel of cider, ready doughnuts or—well pick your own menu.
BIA AMBER JgrULL
table,
Delicious with fresh pumpkin
Dumn is siphoning off gallon jugs