Indianapolis Times, Indianapolis, Marion County, 5 January 1938 — Page 1
VOLUME 49—NUMBER 257
THERLAND Q
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Bil lion Deficit Despi re
76-YEAR-OLD NSTCE OF BENCH IAN 1
Served on Highest Tribunal Since Appointment by Harding in 22.
WASHINGTON, Jan. 5 (U. P.).— Associate Supreme Court Justice George Sutherland of Utah in a letter to President Roosevelt today announced his retirement effec-
~ tive Jan. 18. : Justice Sutherland’s letter said he was retiring under the Sumners Supreme Court Retirement Act passed by Congress last year. It was this act under which Justice Willis Van Devanter of Indiana retired last
spring. His letter to the President follows: “My Dear Mr. President: “Having reached the age of mere than 75 years, and having held my commission as Associate Justice on the Supreme Court of the United States, and served in that court for 15 years, and thus being eligible for retirement under the Sumners Act of March 1, 1937, entitled ‘An Act to, Provide for Retirement of Justices of the Supreme Court,’ I desire to avail myself of the rights, privileges and judicial service specified in that act; and to that end I hereby retire from regular active service on the bench, this retirement to be effective on and after Tuesday, the 18th day of January, 1938.
The met provides that Supreme |
Justices may retire at the full $20,000 a year salary and may be. | back to active service in lowat the direction of the Chief Justice. Justice Van Devanter is th as judge in the Federal Co! for southern New
ugh Friends of Mr. Sutherland said he planned to offer his services in the future in the same manner as did
Justice Sutherland, one of the four men born outside of the United
States ever to sit upon the Supreme |
bench, was enlisted firmly among the conservative branch of the Court during his 16 years on the bench. He was appointed in 1922 by President Harding and from his [Sons first- appearance on the bench, his career was marked by conservatism. Near the end of his tenure as Associate Justice, however, his ‘views were liberalized -slightly—to the extent that he joined with the majoriy in upholding old-age pension provisions of the Social Security
Act. His judicjal writings were consid- - ered scholarly but they provoked
cash consistently on the conservative de From his pen came the decisions invalidating the Guffey Coal Con$201 Act and powers of the Securiand Exchange Commission: to interrogate ‘witnesses. -His vote was used fo condemn AAA, NRA and Municipal Bankru ptcy Act, pensions and “hot oil” legHe voted in favor of TVA
Associate Justice Sutherland
REBEL TERUEL DRIVE HALTED
Jap Demands for Shanghai Control Sent to U. S. And Britain.
BULLETIN WASHINGTON, Jan. § (U. P.) ~The Senate today passed a resolution by Senator Steiwer (R. Ore.) calling upon the State Department to provide information on the extent of American capital invested in China, the number of American nationals in that country and the size of American armed forces there.
TERUEL—Loyalists say Rebel drive is broken: Rebels still confident of capturing city.
HANKOW-—China protests to U. S.,
i Great an and France over
on by Shanghat Musiteipal
plan to Battition Palestine.
HENDAYE, French-Spanish Frontier, Jan. § (U. P.).—Spanish Loyalists, holding their lines against new Rebel attacks. on right and left
flanks, claimed with apparent confidence today that they had broken the Rebel drive on Teruel There was an intimation in Rebel
.| communiques, which mentioned un-
successful Loyalist attacks, that the Government forces had begun feeling out the insurgent lines for a weak spot which might permit a counteroffensive. The weather was clear, but deep snow. still covered the ground, and cold was taking a toll comparable to that of bullets among the eshausted, hungry men carrying on the fight at a temperature of 5 above zero.
leis,
“| Chinese Protest
Shanghai Ruling HANKOW, Jan. 5 (U.. P)--A memorandum protesting the action of the Shanghai Municipal Council in giving new jurisdiction over persons charged with offending ony armed force in the International ent, ‘was sent to the powers today by the Chinese foreign office. Ident notes were. addressed to the Governments of Great Britain, the United States and France. ‘Chinese newspapers today tained the claim that more than'650 foreigners, including 152 Americans, were fightihg for China, 90 per cent of thém in the air force. -; This statement’ came just after the announcement that two American aviators, Alexander F. Sangster, Houston, Tex., and Harold Greenleaf Welch, Los Angeles, had been killed in taking off from the military air field at Hankow yesterday.
London: Considers Dividing Holy Land " LONDON, Jan. 5 (U. ‘P) ~The
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HOME
Entered at od a0 Sen In
[SENATOR AND REED LEADING AS CANDIDATES
Both Were on White House List When Black Took Van Devanter Seat.
/ > . By DANIEL M. KIDNEY Times Staff Writer WASHINGTON, Jan. 5.~Senator Minton of Indiana today was rated as a No. 1 possibility to succeed to the Supreme Court seat of retiring Justice Sutherland, according to reports here. The Indiana Senator was one of three remaining os of a long list of possibilities at the time Justice Black was appointed. The other name on the White House list was Solicitor General Stanley Reed, who is likewise considered a leading possibility now. When Senator Minton obtained the Court of Appeals appointment for Judge Walter E. Treanor of the Indiana Supreme Court: he made known to the President his desire to be on the bench, it is said.
Minton Declines to Comment
He gladly wow have taken the Court of Appeals post himself, he is said to have indicated, but the President insisted that he needed his New Deal leadership in the Senate. However, the reports here have if, Mr. Roosevelt gave ' the Hoosier Senator some assurance of appointment to the next Supreme Court vacancy. Senator Minton declined to comment today except to praise Justice Sutherland, one- of the conservatives he had previously criticized from the Senate floor. At that time
both Minton and Black were ght: ;
ng for He a Prosigencs court. | opinions shmenkE | Safina Minton said.
or ae hte her
i yn {as any that ever were. written: He tight | y ONDON—“White Paper” issued on
is retiring after « long and welul career on the bench.”
A RECORD! SUN OUT FIFTH DAY IN A ROW!
TEMPERATURES m. 28 .10 a. m..... Mm... 28 1l a. m.... m... 29 12 (Noon). 43 m... 32 1pm 46 :
(Photo, Another Story, Page 3)
Old Sol bathed Indianapolis again today for the fifth consecutive day of the New Year. While the Weather Bureau would not promise continued sunshine to= morrow, Dr. Herman B. Morgan,
a. a 41 a. a
je
§ ARE INJURED
68 Held as Traffic - Violators. i
when. coal
Yandes Sts. Two of them, including one firemen, were taken to City
Five: others ‘were hurt in overnight
state traffic outside Indianapolis. An unidentified motorist Temained in an unconscious condition at City Hospital after being injured in a crash late yesterday on State Road. 52 a short. distance south of
Mearwhile, police arrested 68 drivers on traffic law violations. Seven of them were accused of driv-
deputy sheriffs sought a hit-and-run driver who struck a pedestrian and left him in the street in a critical condition. Nineteen drivers were fined $13i by Judge Charles Karabell in Mu‘nicipal Court today. Four speeders
City Health Board secretary, urged | paid $39.
residents. to take advantage of the sunshine. The Weather Bureau said it would be fair tonight and probably tomorrow with not much change in temperature.
YOUNG MOTHER HELD
IN LOCAL KILLING
Mrs. Arline Sandlin, a 23-year-old mother of two children, today
was charged with accessory after
the fact in connection with the murder of Edward Maze, filling station proprietor who was slain while a holdup on Oct. 28. ' Detectives Donald Bushong and Paul Taylor said Mrs. Sandlin had signed a statement that she had ‘sent money to Sarn Wilson, one of ‘three’ ‘youths awaiting ‘trial on murder charges; while he was alIeged to have been hiding in Cincinnati. She said Wilson tind been ’ living at her home, 201% S. Noble:St. and
on Nov. 4 she bought him a bus
ticket- for Louisville and later went to Hamilton, O., t0®work to send him money, according to the of-
| ficers.’ The other youths held are,
Herman Bonneman and James Perdue, : .
“The Richest Girl in the
Search for Nude ‘Couple
TIMES FEATURES on INSIDE PAGES
om. v Books... 12 Comics ...15,
. 19 Obituaries ess 10 Iegler Secon 12
sedens 11 :
“Ruled by Canyon Fanatic oh
The fire truck, from Company 2 at 16th St. and Roosevelt Ave., was en route to a small fire in a street car near 13th St. and Cornell Ave, when the crash occurred. It was being driven west on 13th St. when the coal truck owned and driven by William EKunzelman, 39, of 637 E. Ohio St., came out of Yandes St. and sastin] into: it broadside. |
The fire truck, driven by ban Green, was knocked about 60 feet.
{Tum so Page Thies)
BANK CALL ISSUED
- Requested.
WASHINGTON, Jan. 5 ©. P,)— Controller of the Currency J. P. T. O'Connor today called for condition of national national banks as of Dec. 31.
Ross Wallace, Sta State Department for Financial Institutions director, today. called for the condition of State. ‘banks as of Dec. 31
IT’S A BOY AGAIN AT T E CROSBYS—NO. 4
INTRUCK CRASH|
Fireman Most Badly Injured;
Shen 3 coal tu at 18th and | died
accidents here while three died in
ing while drunk. At the same time |
The most seriously injured was {have gotten into a mess like this. I}
-BY CURRENCY HEAD,
Condition ‘as of Dec. 31 Is
| their unsuccessful efforts to get
{de® wisioh they sow afe hieing held,
Al leged h K idnaper Tries Suicide
' Times-Photo.
Harty c Walters (et), and William Chester Marcum
| Bandit Suspect Killed;
Jobless Pair Crime, State Police
gained consciousness. At his bedside when death came were his wife and one daugh-
RICHMOND, Ind. Jan. 5 (U. P)). —Harry C. Walters, 50, of Muncie,
one of the alleged confessed kidnapers.of 3-year-old John Bryan of Centerville, leaped 15 feet from a cell block in the: Wayne County Jail to a concrete floor today in an attempt to commit suicide, officers. said. Walters struck the floor with his head and received a fractured skull. He was taken to Reid Memorial Hospital where doctors said they expected him fo die. Sheriff Arthur Quigley had gone to the cell block to take Walters and his alleged accomplice, William C. Marcum, 30, ' Newcastle, to -the Prosecutor’s office for questioning. He had released Marcum from one cell and unlocked the door of Walters’ cell. As the door opened, the Muncie man leaped through the | Hall opening, threw himself over the railing and plunged to the floor below, Mr. Quigley said. ‘He shouted “to hell with you, Sheriff,” as he rushed past, the officer said. Marcum was shaken by the suicide attempt. : “That’s t00 bad, too bad,” he said. “He was a good fellow. He shouldn't
don’t blame him a lot though,”
Newly Painted Auto Wheels Bring Capture
Freshly painted wheels on their automobile and. the vivid memory of Miss. Norma ‘Schroy, 17, the child's’ nurse, resulted in the capture last night by a State Police squad near Muncie of Harry C. Walters and William C. Marcum, suspects in the Christmas eve kidnaping of 3-year-oid John Bryan of Centerville. ,
They were brought to State Police headquarters here, and. signed statements, according to State Safety Director Don Stiver, detailing
$3800 ransom. Both men said it was Ter Ge i If found poe of violating the 1935 Indiana -kidnaping statute un-
Carpen ters A re Je Jailed
~Gonfessed.
Fingerprints ts. Identify Slain Man as Resident of Ww. 10th St.
— on
lice - t experts today identified year-old gunman Shak, to Ph Ye a hand-to-nd struggle at a filling station, Fr) N. West St., as Charles Gibson, alias Charles Lewis, Negro, of 813 W. 10th St. Officers said he was the man who escaped from City Hospital two months ago while under rebbery charges. They said ‘he had been arrested twice, once for criminal assault and once for grand larceny. He was slain when surprised in an alleged attempt to steal gasoline.
~ Seek Singing Bandit
Meanwhile, police sought a singing bandit and his companion following their robbery of the Hanover Shoe Store, 33 8. Illinois St. late yesterday. The store manager | and his assistant were left bound and gagged. In the filling station slaying, the alleged bandit fired one infiective shot before he toppled over. dead from a bullet from the gun of Dan H. Brown, 58, .of Bedford. The fing station is operated by Virgil
Two of the men were injured slightly in the fight. Furniture wes
overturned and door glass broken (Turn to Page Three)
STATE AID ASKED IN BLDG. LABOR UNREST
Negotiations Proceed With
- Strike Postponed.
Representatives of the Building Service Employees. Union, Local 41, and owners of six: downtown build-
ings were negotiating through the | said.
State Labor Division today after a threatened strike of elevator and maintenance - Workers had been postponed. © ‘Buildings. in. ‘which service was Sureatenied Were thé Merchants Bahk. People’s Bank, Circle Tower, Big Four, Underwriters and Roosevelt. Emmett Cox, State congciliator, said the Labor Division was called in one month ago. At that time Reginald van, former mayor;
was. selected by mutual’ consent to :
determine whether the union repre sented a ‘majority oF the workers,
EE atorney fo the
mated at
"PRICE THREE CENTS
JCESSION WILL RECK BUDGET, TIMATES SHO
Asks Logest Army,
Navy Appropriations in Peace.
By HOBART.C. MONTEE ~ United Press Staff Correspondent WASHINGTON, Jan 5.— President Roosevelt sent to Congress today the greatest American national defense budget in tae peacetime history of the country, totaling over a billion dollars.
The President shortly will send a message to- Congress recommending naval expansicn, Chairman Edward T. Taylor. (D. Colo.) of the House Appropriations. Committee announced today. Rep. Taylor made his announcement after a White House conference, participeted in by high naval officials and members of key Congressional committees, Appropriations asked today today for expansion and-maintenance of the Army, Navy and Marine corps for the 1939 fiseal year totaled $1,010,835,187, .an increase of -$77,564,287 over estimated expenditures|. for military purposes, during the present fiscal year, and $157,779,034 above actual national defense expenditures Suring the 1937 fiscal
year, i huge toaly will be asked ‘or services [during the conning: ‘year, Mr. RooseAdministrati
I no
velt and othe* on officials have ind cated. The President said in his message accompanying the budget that in view of the threatening international situaticn he may ask Congress for special authorization and appropriations for national defense —likely to be a request for additional warship: construction. : The President asked for $569,827,(Turn to Page Three)
CUT REQUESTED IN WORK RELIEF
‘Reiterates That ‘None Shell’ Starve.”
WASHING'TON, Jan. § (U. P.).— President Rcosevelt told Congress
today that hz hoped to hold work |.
relief expenditures to a ‘billion dol-
be all that |
[president Proposes 3 Slash in Pork Barrel - Public Works
Text of Budget Message, t Page Seven. ;
By LYLE WILSON United Press Staff Correspondent =
WASHINGTON, Jan. 5.— President. Roosevelt today sent his 1939 budget to Congress, calling for the greatest peacetime national defense appropriations in history and Propesiug pork barrel economies to cut down vast Gov-. ernment deficits. Mr. Roosevelt predicted a 1938 deficit of $1,088,129,600 and $949,606,000 for 1939 and emphasized that business re-' cession had prevented balance. ing of the budget ‘despite a $379,000,000 economy thus
far r $his year.
The President’s budget suggested. legislation or at amendment to
tional * i Chief + fo oto ll items in appropriating measures.” Shortly after the message was read, Senator Vandenberg (R. Mich), made public a letter from the Presi«" Jont, expressing interest in the sube« Asks Huge Defense Bugs
The - President’s proposed barrel economies—likely to 4 pork opposition on’ Capitol Hill—were being studied by Congressmen and developed little immediate reaction, Only a scattered audience of Congressmen heard the message read in the House and the Senate was less than half filled for the message. “I hope that there may be en ‘acted at an eaily date,” he ren Congress, “such amendments to the revenue law as will maintain the revenue-producing power of the ing at the same ithe existing proven a e same e » | inequities.” og proven He asked for a record-breaking peacetime national defense appropriation of more than $1,000,000,000 and another $1,000,000,000 for work
| relief in the next fiscal year: He
said the national debt would rise To $44,528 200.00) by June 30, 1039.
lars during the 1939 fiscal year—one- | Mr.
third less than the present appropriation.. He warned, however, that continuation of the business recession would require additional funds to maintain the Administration's policy that none shall starve. Total recovery and relief expenditures were set at $1,138,304,000, in. Snding) housing and agricultural “The econcmic situation may poh improve—and if it does not, - 1 expect the approval of - and the ‘public for. additional appropriations “if they become necessary fo save thousands of American families: from dir: Teed,” Mr. Rooseveli
Relief officials have predicted that many of the millions thrown out of jobs during the past two months by the business recession eventually
will find their way onto Federal
oa. “th: present fiscal year, work relief e:;penses have been esti-
purposes, ot ald ¢ tnd the National's Youth Adninistaation
Presi lent’s budget showed that Lan.
available for ° Dation's. “fight against ;
2 mow LosT 108 mes. Sent
a 1938 and et ‘deficit figures are tentative and ‘subject bo. consider able expansion with :
1. “I may find it n
quest additional appropriations. 4 national defense. » : fo
not, improve—and if it does: nok expect the approval of
$1,322:300000. of the | “in $1.500,000,000 ‘appropriated for gen.