Indianapolis Times, Indianapolis, Marion County, 17 December 1937 — Page 8

PACE 8

“STATE DELAYS RULES ON AUTO TRUCK DEVICES

Safety Committee Awaiting ‘Outcome of Suit Testimg Law.

With the 1937 Indiana law creating the State Safety Committee facing constitutionality test in Marjon County Superior Court, State Safety Director Don Stiver announced today the committee would withhold issuing further motor vehicle equipment regulations pending outcome of the suit. Meanwhile, the State may agree to place money collected from the truck weight tax in a special fund until decision is reached in a court test of the law, Superior Court Judge Joseph T. Markey announced. Receritly the Safety Committee required trucks of a certain size to install directional turn signals. Eleven companies were named to sell- these devices, and Earl Crawford, State Highway Commission chairman, was listed as president of the only Indiana firm in the list.

Action Under Attack

This action now is being attacked in the Marion County Superior Court on the grounds the. law establishing the committee is unconstitutional because it delegates legislative powers. Mr. Stiver said the committee has powers over all types of motor vehicles. The law also states that rules and regulations promulgated by the committee will have the effect of law, and violation will be considered a misdemeanor punishable by a fine of not less than $10 and not more than $100. A suit asking the State be enjoined from collecting the weight tax because it was “arbitrary, dis- * criminatory and unconstitutional” is pending in Judge Markey’s court. No date for hearing on it has been set -and no restraining ‘order was granted when it was filed several weeks ago.

Sets Up Tax Schedule

Judge Markey said he understood that a plan is being worked out between the Attorney General's office and representatives of Indiana private truck fleet owners, sponsors of the suit, through which the tax will be collected but held in escrow in a separate fund until the final determination of the action. The law sets up a tax schedule - based on the number, size and type of tise. When the act was passed it was estimated the revenue would be about $1,250,000. The new law becomes effective Dec. 31. However, the tax is being ~ paid now.

PRISONER’S CHARGES BRING JURY PROBE

A Grand Jury investigation had

been ordered today by Criminal

Court, Judge Frank P. Baker into charges that a City detectiveistruck a prisoner in the Court House Tuesday. The inquiry was ordered after

+ Judge Baker had subpenaed Detec-

tive Howard Sanders into court to answer the charge. Police Chief . Morrissey, also in court, said he would conduct a personal investigation. ~The prisoner, Joe Summers, Negro, was arrested outside the courtroom - by Detective Sanders after he had been dismissed on a larceny charge in court. The rearrest was made on charges preferred by Lafayette authorities.

75-GALLON STILL FOUND

A T5-gallon still and 200 gallons of mash were confiscated by police who raided a house in the 90¢ block Horton Place last night. Police said the still was in operation, but was unattended.

Dr. A. L. Sachar, historian, biographer and educator, is to analyze the relation of commodities to politics and ’international affairs in an Open Forum lecture Sunday night in the Kirshbaum Community Center. Dr. Louis Segar is to preside at the Forum. Dr. Sachar is national director of the Hillel Foundation which are established in leading universities. He was educated at Harvard and Cambridge Universities. He has written for the New Republic, Menorah Journal Books and other publications.

TWO SLAYERS ASK NEW STAY

Convicted inBfight Death, Youths Press Their | Appeal.

Vurtis Neal, 23, and Hugh Marshall, 19, under sentence to die Jan. 7 for the playing of an Indian-

apolis druggist, today asked the In- |f

diana Supreme Court for a second stay of execution in order that their appeal might be perfected. Convicted in Shelby County Circuit Court, the men originally were scheduled to die in the Michigan City Prison death house July 6. The Supreme Court granted one stay. Court attaches said if this second extension is given the State has until Feb. 18 to file an answer to the appeal briefs brought in by the defendants - with the stay petition. The defendants then have the right to file an answering brief and the case will be set for oral argument. Trial records show Neal and Marshall forced their way into the car of “William Bright, drove him out of town and shot him. The body was recovered from Sugar Creek near the Red Mill bridge. The crime occurred early in January

LINCOLN ELLSWORTH

GIVEN GOLD MEDAL |<

WASHINGTON, Dec. 17 (U. PJ). —President Roosevelt yesterday presented Lieut. Comm. Lincoln Elisworth, American explorer, a gold Congressional Medal awarded in recognition of his Antarctica flight

f 1935 during which he claimed |;

350,000 square miles in Antarctica for the United States. He claimed the lgnd during a flight which started Nov. 23, 1935, and required three weeks. He flew from Grahamland on the Weddell Sea to Little America on the Ross Sea, making four landings en route and trekking the last 100 miles on snowshoes.

HOSPITAL STAFF ELECTS

Dr. Carl Habich today assumed duties as president of the St. Vincent’s Hospital staff. Other officers elected at a meeting ldst night were Dr. B. J. Larkin, vice presi-

dent, and Dr. J. K. Berman, secre-

tary-treasurer.

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