Indianapolis Times, Indianapolis, Marion County, 22 December 1937 — Page 11

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SDAY, DEC. 22, 1937

INSANITY AS DIVORCE GROUNDS UPHELD BY SUPREME COURT;

WITCHCRAFT CITED IN OPINION

Ysocncer Fears Fraud in New |

reanor’ Writes Decision as One-of Last Acts Be-. fore Elevation.

1935 State law making }

ificurable insanity grounds “for divorce today had:heen | “pheld “by the Indiana. Su-

+ Judge Walter-E:, Treanor; “whose appointment to the Seventh Federal ‘Circuit Court of Appeals . was af-

“firmed by the U; 8S. Senate yesterday, |

‘wrote-the opinion as one of his last ‘official acts on the Indiana tribunal. { This decision affirmed ‘the action ‘of Marion County. Superior Court § in granging a divorce to a man whose wife‘ has been confined at the Central: State Hospital for several _:years. Brought by the Marion County Prosecutor's office, the appeal attacked the statute on.the grounds that its wording was vague and in{definite.” “It is true there is no rule of law which purports to define ‘incurable insanity’,” Judge Treanory opinion

said. Witchcraft | Cited “The existence of |incurable insanity is a fact to be proved by whatever evidence the law recog‘nizes gs competent. | The law accepts as realities those physical and mental conditions which authorita= tive medical science has determined to exist. “When those who were conceded to know most about the subject be‘lieved that witchcraft was a reality, the law accepted. witchcraft as a fact. Thus incurable insanity can "be established as a fact.” © On the question of who would be the “injured party” in a case of this sort, the Court construed it would be “*a husband or wife who, by the plain terms of the act, is intended to have a right of action for divorce on the grounds of incurable insanity.” Poinfing out that .the Legislature cannot- grant individual divorces by enactment under the Constitution, “the Court said no limitation was :placed on the General Assembly’s power to declare legal causes for divorce.

Seeks Ford's Aid in Model-T Idea for Peace

DEARBORN, Mich., ‘Dee. 22 (U; ; P.)i—Mrs. 1. Vera Vincent, a play~ J, wright wha desaribes: herself ~0858 § Citizen “ot ‘the world, today awaited : on ;Henry Ford to discuss with him r _ her “Model-T” idea of world- peace. { She ‘hopes that the billionaire au-. "“tomobile manufacturer will finance : her program for a “scieniific inter- ¢ national peace foundation,” or that * she may receive a purtion of the $10,000,000 Alfred P. Sloan Jr. foun- . dation recently established for edu-. _ cational purposes. : “If Mr. Ford lends his support,” . she said, “It will be the greatest ; Christmas present to the world since the birth of Christ.” Mrs. Vincent, who has spent the

: past 14 years trying to arize peace,” believes there exists and “enormous similarity in what . she and Mr. Ford are attempting to accomplish.” “I've even named my plan after : the Model-T automobile manufac- . tured by Mr. Ford, because it ap- . peals to the masses, t00,” she con- - tinued. “Nevertheless, civilized insanity : which causes wars must be stopped. . That's my idea and I'm sure Mr. : Ford will be in complete accord.”:

: Mrs. Vincent would “spectacularize” peace through the medium of the stage and by having school

“spectacu- |

Nonresident. Sums mons Law. :

Prosecittor

‘deputies. in. divorce courts to ‘guard against’ fraud" in non-

~| resident divorce cases.

Prosecutor Spencer said because of the position being takea by some

‘attorneys under the 1937 divorce law| ‘| amendment relating to service of |

summonses in nonresident cases, the “door to fraud’ ‘has been swung wide open. » “It has’come to.my attention that it is.possible, if caution it not used, for plaintiffs to gain divorces: with-

out the knowledge of the defend:

ants,” Prosecutor Spencer said. He explained the wording of the law was ambiguous -and that it is being construed by some attorneys in such a way as to render ineffec-~ tive strict precautions ageinst fraud in the general divorce law.

Affidavit Permitted

The amendment, hé explained, provides that a summons served personally outside the: State of a nonresident defendant “shall ‘be equivalent’ to notification by publication.” Proof that the defencant party wan served may be established by the affidavit of the plaintiff or any other person.’ The Prosecutor said some attorneys have construed this to abolish a ‘provision in the general divorce law that affidavits setting out that the case is one affecting a nonresident, must be filed with the original petition for divorce. ‘Jf the old provisions are not followed we cannot tell whether it is an out-of-state case and whether the defendant has ever been in-

against him or her. . Weir Backs State “It leaves us without any method of determining whether & purported officer of the law was authorized to serve the summons. “It is possible for a nan to get a divorce from his wife who lives in or outside Indiana without her ever

Mr. Spencer added that in the cases which demonstrated the failure in the law, Superior Court Judge Clarence E. Weir has upheld the contention of the State that there must -be proof, as before, that the defendant was served.

Judges’ Support. Needed _ 5 #“Jidge Weir has held with us

ish mn provisions of the general law,” Mr. Spencer said. “The intention of the Legislature was to amend the divorce law to comply with general statute relating to service of process in Donresident legal actions: “It was not the intention of Legislature to wreck the State divorce

construe the amendment to suit their interests and judges don’t uphold ' our contentions, fraud will follow.”

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children “and college coeds wear . “Cadet Blue” uniforms,

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HOOVER | CLEANERS

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1" |oUN MISFIRES, SPARING MAN'S

LIFE IN HOLDUP z=

Three Shots Fizzle as Two ~ Miss; Six Nabbed in Drive

~ |JERSEY CITY MAYOR

4 1 i ’ CALLED ‘DICTATOR JERSEY CITY, N. J., Dec. 22 (U. P.) ~Mayor Frank Hague, boss of New Jerséy’s powerful Democratic was denounced as a “dictator” last night at a meetiing of the Workers Defense League called in defiance of his embargo on liberal he labor groups. It was the first time since Mayor Hague ordered the Committee for Industrial Organization to keep out of Jersey City that an anti-Hague

group had ‘been permitted to meet } 1 No attempt was made to molest the 300 persons who crowded into the tiny basement of an abandoned Methodist Church to hear several well-known ‘liberals criticize ine Mayor's philosophy and activities.

South | Hiinois St.

. GOING OUT a DIAMOND. SALVAGE CO.

“THE ARM GOODS STone

ER —— TRY A WANT 25 IN THE, TIMES

Herbort M.| Spencer {today instructed his}

formed that a divorce is pending

being served. a notice or summons.” :

nounced: that completed plans for ‘fo be constructed east and south

that the amendment does not abols | J2RUaLT.:

That yellow and brown blur that streaked across the landscape was the fastest “hotel” in the world. At least you'd never suspect from a peek into its club car above, decorated as a tavern of the gay nineties, that you were on a train. But travelers were getting used to the new luxury on the “City of Los Angeles,” below, fastest train in the world, which ‘was to be put into service between Chicago and Los Angeles on a 39-hbur, 45-minute schedule, after the Inaugural run to Sun Valley, Ida.

EVANSVILLE LEVEE PLANS READY SOON

EVANSVILLE, Dec. 22 (U. P.).— Méyor | William Dress has an-

ville will begin dbtaining Tight-ot-way for: the system.

BONUS IS DISTRIBUTED Bethard Wall Paper Co.-employees today had received bonus checks as Christmas gifts. They were presented at a dinner party at the Athe-

seven miles of flood control levees viaetim. lash night. -

eli 1 : of here will be. delivered early ‘in : ~ SAVE: AT YOUR NEAREST. HAAG'S

On Purse-Snatching.

A 68-year-old man today said he | owed his life to faulty mechanism | in a would-be bandit’s gun.:: Elmer Hilligoss, 1002 'W. 28th St. told officers that shortly. after midnight ‘a Negro approached him and his wife, Mrs. Gertrude Hilligoss, as they were putting their car in a garage in the regr of their home. When the man announced: “his is a stickup,” Mr. Hilligoss, said he |: struck at him. He sald the gunman fired one shot in the ground and then, pointing the gun at Mr. Hilligoss’ body, pulled the trigger | three times. A “click” was the only result each time. The fifth shell exploded, narrowly missing him, Mr. Hilligoss said. By this time two neighbors, Robert Denton, 33, of 1039 Udell St., and Joe Riordan, 16, of 10556 W. 28th St., had come to his rescue. They told officers they chased the bandit to Clifton St. and then lost him in the darkness. . Six Arrested

The police drive on purse grabbers last night resulted in arrest of six Negro youths, their ages ranging from 12 to 18 years. Four were sent | to ‘Juvenile Detention Home and the others charged with vagrancy. Mrs: O. M. Sanders, 27, of 421 Sanders St., told police a youth grabbed her purse containing $9 while she walked near her home last night. Two men tried to grab

a purse from Mrs, Hazel Bond, 846 N. Dearborn St., in the 900 block of N. Dearborn St. but they fled when she screamed, it was reported. Two gunmen held up Leonard Williams, 30, of 2138 N. Rural St., a trackless . trolley operator, at South and East Sts. last night, he told police. ‘They escaped with $15 and a-changer. containing about $10, he said. No. other passengers were on the car at the time of the holdup.

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ui a5 3