Indianapolis Times, Indianapolis, Marion County, 16 December 1937 — Page 14

PAGE 14

SUPREME COURT ORDERS WATER CASE BACK HERE

Remanded to District Court For New Evidence; Black Dissents.

Times Special WASHINGTON, Dec. 16. — The six-year-old Jndianapolis Water Co. valuation case is on its way back to Federal District Court at Indianapolis today where new evidence will be heard upon order of the United States Supreme Court.

Forty-five minutes after Urban C. Stover, Indiana deputy attorneygeneral, began an oral argument before the highest court yesterday the case was halted by Chief Justice Charles Evans Hughes. He announced from the bench that it would be remanded to the lower court. : Newly appointed Justice Hugo L. Black dissented: “I want the record to show that I do not join in this decision,” he said. The court then adjourned. Had the case been concluded by the high court here it was expected to establish precedent in the matter of price trends in determining utility valuations.

Reversed at Chicago

For it was brought here by the State after the Seventh Circuit Court of Appeals at Chicago had reversed the District Court finding and ordered retrial on the grounds that rising prices had made the valuations set by the lower court about 25 per cent too low. Since the final valuation will determine the rate base, every patron of the company will be affected by th eoutcome. Meanwhile, tentative rates established by the Indiana Public Service Commission, Jan. 1, 1933, will prevail, as they have throughout the long-drawn out litigation. When/ Mr. Stover launched the oral argument, which had been scheduled to last two hours, he was sharply questioned from the start by Justices Brandeis, Sutherland and Butler. This questioning developed the fact that hearing in the District Court ended in October, 1933, and the decision setting a valuation of $21,392,821 on “used and useful” property of the company was not handed down until Nov. 29, 1935.

Higher Costs Cited

Prices of both materials and labor had advanced in the meantime, it was contended, and the Appeals Court reversed the case because the lower court had not taken “justical knowledge” of these changes. “After hearings were held from May to October in 1933, the company made no effort to change the valuation figures,” Mr. Stover argued. “Therefore I do not think the Court of Appeals was right in. insisting that the judge should take cognizance of changes in prices and wage scales. “This rrice trend theory was never advanced before 1935. How could a judge then know what might happen in 1937? “The Court’ of Appeals ruling has nothing to do with values of real estate or water rights. The 25 per cent increase suggestion applies only to pipe and the construction of trenches and the like. “Since April 1, 1933, was the agreed date for valuation the prices at that time should prevail.”

Closed Abruptly

Mr. Stover then shifted to a discussion of the Oaklandon Farms in establishing valuation, but was

STATE DEATHS

ALEXANDRIA—Mrs. Mary Etta Murray, 51. Survivors: Husband, Henry, sons, George and John; daughters. Mrs. James Tomlinson and Mrs. Farrell Ward; mother, . ver; brothers, Ray, Harvey and Victor Oyler. Mrs. Lena Smith, 62. Survivors: band, Charles. BROOKSTON—Mrs. Ruth McClurg, 81. Survivors: Daughters, Mrs. W. B. Beckend Mrs. Raub: sons, Ralph and epsons, Hamilton, Don and Carl; stepdaughter, Mrs. George Bjockton. BLUFFTON—Mrs. Sarah J. Harnish, 84. Survivors: Daughters, Mrs. Nora Edris and Mrs. Ethel Williams; sons, Ray, Ralph and Clyde Harnish. Agnes Brookbank, 74. Survivors: Son, Lynn; sisters. Mrs. Alice Kenrick and Mrs. William Sholty; halfbrother, Gillie Arnott. ELWOOD—Mrs. Lena Smith, 62. Survivors: Husband, Charles; daughter, Mrs. Vernon Broyles: son, Wilfred Smith; sisters, Mrs. Thomas Davis and Mrs. Oakley Skillman; brothers, William, Arthur, Thomas and Edwin Cowley.

Hus-

DELPHI—Mrs.

FRANKTON—Benjamin Fesler, 84. Survivors: Wife. Ida: daughters, Mrs. Wayne Everman. Mrs. Lestis Johnson and Mrs. Charles: Gooding; sons, ‘Ray. Frank, William and Bert. FULTON—Mrs. Grace Zartman, 46. Survivors: Husband, Cloyd Zartman; son, Wayne: sisters. Mae Williams and Maude Lehman: brothers, Col. Whybrew, Chester, Marion and James Whybrew. GARRETT —Mis. Marie M. Parker, 36. Survivors: Daughters; son; mother; brothers: half-sister, . Mrs: Amanda Helmuth, 91. Survivors: Son. Charles: daughter. . o GOSHEN—Mrs. Arvilla J. Simpson, . Survivors: Son. Judge Aldo J. Simpson; brothers. George and Arch Juday. KENDALLVILLE — Mrs. Daisy Survivors: Husband, -W. G.; mother;

LIGON h_E. Noble. 85. Survivors: Daughter, Mrs. Charles White; sisters: brother. . LAGRANGE—Henry Moore, ors: Sisters, Mrs. Alvin Lambright Mrs. Charles Yoder; brother George. Burton Schermerhorn, 61. Survivors: wife, Linnie: sisters, Mrs. Lucy N ff, Mrs. Fannie Gushwa and Mrs. Clar North;

Roberts,

66. Survivend

shortly halted by the Chief Justice, who abruptly closed the case. The original suit was brought in July, 1932, to set aside an order of the Public Service Commission on the grounds that rates set were confiscatory because they were based upon too low a valuation of company property. On an interlocutory hearing a three-judge court decided that the contested rates were valid. The Commission later modified its rate schedule and these new rates were assailed by a supplemental bill of complaint and the three judges then turned the case over to the District Judge Robert Baltzell for final hear-

ing. Judge Baltzell appointed Albert Ward, former U. S. Prosecutor, as special master and extensive hear-

ings were held by him. His findings | m

placed the valuation at $20,282,143 and this was raised to $21,392,821 in the Court’s final ruling. i Both master and judge foun that the contested rates would produce an income: of $1,294,566.51, which was held to be in excess of 6 per cent upon the face value of the property. Appeal Successful

Company attorneys successfully appealed on the price rise theory and it is expected evidence supporting their claim of increased values because of rising labor and material costs, will be presented to the District Court under the remanding order. William L. Ransom, New York attorney and former president of the American Bar Association, handled the case from its inception and appeared for oral argument here. Indianapolis counsel for the company appearing here included Joseph L. Daniels and G. R. Redding. All declined to comment on the high court’s ruling. Mr. Stover said it suited him. Also here on behalf of the State were Floyd J. Mattice, Indianapolis corporation counsel, and Attorneys Edward H. Knight and James E. Deery, who also held this post during the years the Indianapolis Water Co. case has been in litigation.

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brothers, Edward and Roy; foster children, Vera and Clifford Feller. LOGANSPORT—Mrs. Jennig O'Connor. Survivors: Husband, Timothy; daughters, Wirick, Mrs. Berthi Polson and Mrs. Emma 2Zolt: son, John W. Fisher; brother, James Gibson.

. Agnes L. Wise, 68. Survivors: Deter Ses. Ella M. Johnson; brothers, Henry and Bernard Cramer; sister, Mrs. Mary Douglas. Mrs. Minnie Thompson, Tk Sister, Mrs. Elizabeth Blauser, LOGANSPORT—Herman J. Dewenter, 783. Survivors: Wife, Kathering: daughter, Mary Virginia; sister, Miss [Mary Dewen-

er. f Bart Moore, 81. Survivor: William MADISON — John Glore, ¢ Wife, Edna; son John; fathgr, Archibald. Harry E. Ratts, 60. Surjzivors: Wife; sons, Verlin and Maurice; daughter, Mrs. Alma Brisbane; brothers, Jacob and Roy; sisters, Mrs. Olive Allen ahd Mrs. Cynthia LaMaster. [ MUNCIE — The Rev. Tliomas Lemon Parisho 83. Survivors: Wife, Anna; daughters, Mrs. Frank Smaley and Mrs. Bessie Baker; son. Charles. NAPPANEE—Wilbur Holla, 21. Survivors: Parents, Mr. and Mrs. Martin Hollar; brothers, John, Vern and Wiyne. PATRICHSBURG—Emanue! Troth, 72. Survivors: Brother, John; | sisters, Mrs. William Penrod and Mrs. Bille Tippeer.

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PERU—Mino _N. Rouch, Survivors: Sons, Walter, Russell and Robert. Harry Spaulding, 58.) Survivors: Wife;

illiam. Eller Chapman, 36. - Survivors: Goldi* Chapman: children, Everett, Silvia, Dorothy and David. PERU--Ares Flora, 78. Survivors: Wife, Mrs. Mary A. Flora; daughfer, Miss Ethel M. Flora; brother. Jacob.

PLYMOUTH—Herman Joh Mutzl, 1 Fear

Survivor:

43. Survivors:

brother, Mrs.

old. Survivors: Parents, Mr. and rs. Max Mutzl; sisters, Margaret and Clara; brother, Richard. . Allen Toland, 33. Survivors: Wanda: daughter, Sharon: Rose; Mr. and Mrs. F. E. Toland] brothers, Dayd and Howard; sisters, Hazel, Genevieve an

Wife, parents,

Velma. Stephen E. Day, 80. Sirvivors: Sons, Daniel. E., Lloyd and Floyd; daughter, Mrs. A. N. Lovgren. ROYAL CENTER—Loren A. Briggs, 79. Survivors: Wife, Lizzi; Qaughter, Mrs. Villa Thomas; sons, Arthur, Morris and Irwin: brothers, Freemont and Jesse; sister, Mrs. Effie vidson. : SHELBYVILLE—John Siefert, 67. Survivors: Son, Daniel; daughter, Mrs. Lillian Schneider; brothers, Frank, Will, Charles and August; * half-brothers. Louis, Harry and Oscar; half-sister, Mrs, Ann Bierck.

8 8 ©»

SHERIDAN—William Stahl, 77. Surviv- : ife, Lucinda; sons, Raleigh. John, Fred, Orville, Herman, Fussell, a and Chauncey; daughters, Mrs. M Opary. Mrs. Arnold Vobach and Mrs. Van FEyney: sisters, Mrs. Sarah Hand and Minnie; rothers, Walter, George and Alen.

SOUTH BEND—Franklin Behrndt, 33. Survivors: Parents, Mr. snd Mrs. Frank Behrndt: ‘wife, Jessie; krother, Walter; sister, Mrs. Ralph Shultz.

Mrs. Ida Dreblow. 71. Survivors: Daughter, Mrs. Clara_ Keb; sisters, Mrs. Lola Graubman and Mrs. Rocka Krispisch. ~ Felix Gacki. 62. Survivors: Sons, Edward, John, Stanley, Casimir, Louis and ; Mo Mary Jankowski,

Henry ."'36. Survivors: Sisters, Mrs. Wilfred Stoeckinger and Evelyn; brother, the Rev. James Klin

TON — Mrs. Emm: Longfellow, 76. Survivors: Husband, Hen;y; sons, Walter and Wallace; brothers. Charles and Casper Sells; sisters, Mrs. Fannie Redmon and Mrs. Hortense Swem.

APPRAISERS T0 PICK OFFICIALS TONIGHT

Residential Appraisefs, is to elect officers tonight at its annual dinner at 111 Monument Circle. ! George T. Whelden, Indianapolis Real Estate Board president-elect, is chapter president. Noble C. Hilgenberg is vice président and Frank Stout, secretary-treasurer. Fermor S. Cannon is to report on the national convention of the Society of Residenfial Appraisers held in Los Angeles in October, at which he was elected national president.

Brother, |

Indianapolis chapter, Society of

BAKER SCORES 1937 CHANGE OF VENUE MEASURE

Means of Delaying Court,|

Says Judge in Referring to Mrs. Davis’ Case.

Criminal Court Judge Frank P. Baker criticized the 1937 change of

venue law today, charging “it serves |;

only as a weapon by which attor-

neys may force judges to delay court |

actions.” “Over a period of years it will cost the county thousands of dollars in useless expenses,” he said. He referred to a change of venue taken Saturday in the case of Mrs. Florence Simmons Davis, charged with manslaughter in connection with an aute fatality. Her trial, scheduled to open yesterday, was continued and 125 prospective jurors summoned to appear were dismissed. Judge James A Emmert, Shelbyville, was selected yesterday as special judge and he set the trial for Jan. 17.

‘Entire Law Wrong’

“The entire change of venue law is wrong,” Judge Baker said. “There is a constant threat over the judge to grant continuances in go which ought to be speedily trie “If a judge does not grant continuances in cases, attorneys may take the case cut of his hands completely under the new law. Members of the Indiana Committee, a group seeking criminal code revision, also condemned the law on much the same ground. The Indiana Committee, which sought changes in the venue law during the last General Assembly, said the present act retains only one small feature of the reform measur they sponsored. Attorneys for Mrs. Davis filed an affidavit for change of judge four

.|days before the opening of the trial.

The new statute specifies that the change shall be requested at least 10 days before the trial date. However, Mrs. Davis’ attorneys claimed in the petition they were “uninformed until Saturday of the prejudice of the judge against their client.” Belief that a fair trial cannot be granted is grounds for change of venue from judge or the county, under the new law. Attorneys for defendants or prose= cuting attorneys, who also may take a change of venue, should be forced to prove prejudice on part of the judge in the county before a change is granted, Judge Baker said.

SWISS ELECT PRESIDENT BERNE, Switzerland, Dec. 16 (U. P.).—Parliament elected Dr. Johannes Baumann, chief of the Department of Justice police, President of Switzerland today. His term will be for one year, beginning on Jan. 1, 1938.

- THE INDIANAPOLIS TIMES '_

Utility Czar’

Hardly clothed by his tattered, grimy clothing, black-bearded Sam Velcich, 51 (above), arrested as a vagrant in New Orleans, as- . tonished police by producing $16.50 in cash ar 1 utilities bonds valued a’ $6000. A Yugoslavian emigrant, Velcich told of amassing and losing several fortunes, and finally being reduced to his last $6000.

M’CORMACK NAMED FISHING CLUB HEAD

Charles McCormack today assumed his duties as president of the Indianapolis Fishing and Hunting Club. Other officers elected last night at a meeting at the Hotel Washington were: Robert Sturm, president-elect; Paul J. Smith, treasurer, and Dr. B. F. Neiman, secretary, and nine directors, J. Clifton Hirshman, chairman; Walter Wilmoth, Eli Yoder, Charles Zalac, A. R. Markle, Dr. C. B. Bert, John Wooley, Howland Johnson and Charles Holder.

ATTORNEY APPROVED

VINCENNES, Dec. 16 (U. P.).— Twenty-two Democratic members of the Knox County Bar Association have voted unanimous approval of Sherman G. Davenport, local attorney, to succeed William F. Calverly, Superior Court judge, who committed suicide Monday. Mr. Davenport served as judge pro tem.

during a recent illness of Judge Calverly’s.

FREDERIC SEHRT | | DIES HERE AT 84;

Maryland native, died Tuesday in

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RITES ARRANGED Retired Jeweler Had Lived in Indianapolis for More | ‘Than 50 Years.

FREDERIC SEHRT, Indianapolis resident for more than 50 years, is to- be buried in Crown "Hill tomorrow after funeral services in the Krieger Funeral Home at 730 p. m. today. Mr. Sehrt, a retired jeweler and

his home, 620 W. was 84. ‘Survivors. are the wife, Mrs. Christina Sehrt; a son, Clarence Sehrt, Indianapolis, and, four sisters. 3

MRS. CAROLINE CREAMER, German native and Indianapolis resident 55 years, was found dead in her home, 1302 N. Pershing Ave., yesterday by a neighbor. She was 84. Funeral arrangements were to be completed today. Survivors are a

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olis, and a stepson, Harry Creamer, Kokomo. :

MRS. ANNA L. BALL, 405 Limestone St., who died Tuesday, will be buried in- Washington Park Cemetery following services at the Moore & Kirk funeral home Saturday at 2 p. m. Mrs. Ball was a member of the First Baptist Church and was a resident of Indianapolis for 16 years. Survivors aer the husband, John B. Ball, and a daughter, Mrs. Carl Kick, both of Indianapolis.

_3 BURN TO DEATH IN OHIO

COLUMBUS, O,, Dec. 16 (U. P.).— Three Negro children; trapped in their bedroom by ' flames, ' were burned to death today, a few minutes after the father of two of them had lighted a coat stove in the room.

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