Indianapolis Times, Indianapolis, Marion County, 6 January 1938 — Page 3

»

Ey

3

a,

3

3

4

9

$

BN

NL

0 Ltt

/ GALLED INVALID

National Board Tells Congress Legal Limitation Cannot Be Imposed.

(Continued from Page One) pion,” said the board, “is clearly illegal.”

Six Points Brought Out

The report continued:

1. An observation that the First Circuit Court of Appeals was the pnly one of 10 circuits and the Disfrict of Columbia to grant injunc- ' tive relief against NLRB orders. *The tide of injunction suits against fhe board . . . has almost entirely subsided” since Supreme Court affirmation of the law’s constitutionality, the report said. 2. An assertion that a “binding pgreement” is the result desired under the act for collective bargaining and that such an agreement is automatically imposed upon an employer as a sign he is bargaining ; in good faith, if he is able to achieve

3» — pn undestanding on union proposals.

3. A statement by the board that the law “is not intended to interfere generally with the freedom of an employer, to hire and discharge (employees) in the interest ‘of effipiency or from personal animosity or sheer caprice. But in making these decisions he must not differentiate between one of his employees and another, or between his actual and his potential employees, on grounds of union affiliation or - petivity.”

Claims Interstate Control

4, Declaration by the board that the Supreme Court Wagner Act de- + cisions give the board “jurisdiction under the act over all producing and manufacturing enterprises which, in connection with their producing or manufacturing operations, receive or ship in interstate commerce a substantial part of their raw materials: or manufactured products.”

5. A defense of granting exclusive bargaining recognition to one union in large plants because “the functional coherence and interdependence of the various departments in ‘ mass-production. industries | has often impelled the board to treat all of the production and maintenance employees of a given company as a single unit.” This trend has frequently been attacked by the A .F.of L. 6. A statement that “the duty of an employer to bargain collectively with the representatives of his employees is not extinguished by the occurrence of a strike.”

" MINE FIRE DAMAGE

b ? | 53 |

REI UI Se ms

v

®

ry

»

IS SET AT $30,000

OAKLAND CITY, Jan. 6 (U. PJ). —Damage estimated at $30,000 was caused today by a fire which followed a coal dust. explosion at the Enos Coal Co. ‘Strip mine near here. 3 Sparks from a welding torch operated by an employe were blamed by mine: officials.

Automatic sprinklers, mine of-

' ficials said, saved the tipple from

destruction. The Eno$ company mine employs about 375 men.

Title Holders ‘Fine’ Thing, Says Kentucky

3 An Indianapolis motorist drove alongside a traffic policeman on Pennsylvania St. today, stopped his car.and produced his certificate of title. Then he volunteered: “I'm carrying it with me, but I'm not putting that celluloid case on the windshield.” (Required by a new Indiana law.) The policeman said nothing and the motorist continued: “I'm mad. I justgot through paying a fine for having that thing on my windshield in Kentucky. It’s a violation of the law down there to have any . obstruction on the windshield.” He shifted gears, stuck the certificate of title, celluloid holder and all, back into his pocket. Just before he started, he added: “And they told me down there that it’s a violation of the Ohio law, too.” Then he was gone. The policeman didn’t say anything. A checkup today of Kentucky laws disclosed that state had no such statute and it is probable the arrest. was-made under some municipal ordinance, police explained.

BLAME SOOT IN DEATH INCREASE

11937 Pneumonia Toll Was 66 ‘Above Previous Year, Morgan Says.

(Continued from Page One)

from diphtheria a year, we now have 10 or 12” Mr. Johnson, speaking at a ‘luncheon of the Indianapolis Real Estate Board at the Hotel Washington, cited the effect of smoke in depreciating real estate values. He replaced Mayor Bueiches, who is ill, on the luncheon progra “Smoke control is — the Health Department in a number of cities,” Mr. Johnson told the realtors. “In my: opinion we could get farther in Indianapolis if it were brought under the supervision of the Health Board here. “There has been no “attempt to enforce the smoke abatement law under the present setup and the Health Department would be inclined to enforce the smoke ordinance. “Furthermore, the Health Board is one of the departments that command the respect of the public. “Real estate values are affected by smoke. We constantly are getting statements from people who visit the City and then change their minds about moving here when they see the smoke. + “We know rental and sales values are seriously affected by the smoke, and even assessment values. I know of persons who have moved away from the city because of the nuisance. “Another example of its effect is the trend of residents, particularly on the North Side, to move entirely outside the city to areas where the atmosphere is“clearer.”

IN INDIANAPOLIS

Here's County Traffic Record

Deaths in City.

1938 .......... 2 193% . Moiese 0

Accidents : (Jan. 5) Accidents .... 4

Injured e0c0 0 5 Dead ........ 0

Arrests (Jan. 5)

12 Reckless Driving 3

Running Preferential 2S.

Red Light 9

ing, 1 Others 54

MEETINGS TODAY 1 - Waghin ton, 00 Board, lunch Columbia C Club, n napolls, lunch. erica Business

oon. Club, luncheon, CoMincheon, Board of Trade,

Uen’s G Lohan,

Credit le, William H. Conant Acacias, luncheon, Board of Trade, noon. Ligma Nu, luncheon, Hotel Washingvan Club, luncheon, Murat Temple, diana Motor Traffic social luncheon. Hotel Antlers, no As Ham, oil b, luncheon, Hot Severin, noon. junenton. Architects and Builders ia

Fyaneagie, means. Hom

$ Washington, 8 p. m.

MEETINGS TOMORROW meaty District Federation of Clubs, , Cla: Hotel, Eachinge Diab: Tuncheon. “Hat: wash raft Club, dinner, Hotel Wash a, Sighia, luncheon, Hotel Wash-

o's aa State Hee nn Society, 11

er, 37, of 416 E. New York st ¥ len allagher, 26, Indianapolis.

Otto Barker, 21, Indianapolis: ya ridred L. Smith, 19, of 2315 Guilford A Robert E. MeKee, 33, of SDInk Hotel: Claudia Irene Spurgeon, 37, of 1062

31st St. T. Kilgore, 24, of 1120 N. Penn-

Charles iA “st: ; Pa e Knox, 23,-of 1156 W.

Bende A Owens, 23, of 1750 Boulevard Place; Biisadeth Welden, 19, of 1832 Boule-

‘Place. Arthur Vol 26, of 941 Bradbu jve. Mabel C. Murrer, 33, of 4415 Gui.

BIRTHS

\ Girls : ~Courtney Weathers, at 1435

at , ab , ab

at

Boys Edward, Delma Kindler, at o Cron oT Harold Ruth Barth, at Methodist. Jina Harvey, at stthodi

fi oY i Kain. ‘Method

odie.

5 Methodist. x Wycoff, 2 Methoat ist. Tors ren Catl ryn McCune, at 1321 3elleRichard, Yivian Baird, at St. Fran Noam, ‘borothy Murphy. toe Francis. Rudolph, Elizabeth Gasper, at St

John, Betty Stack, at St. Francis. ; ——e

DEATHS b ronans Bo) Boj, 30, at 4643 N. Capitol,

apt ie eH 85,

“firvia) Hint 3 24, at Lon wy Crampton, #5, at at 481 Hear,

uy a orThage.. 449 8. Rural, coroge at 1408 N.: ae RR L Lat Los 0 Spenn. di st Asha 4, Phih Ti Hagel paz '. Ruth A Hamilton, 43, at City, William J. Chidister, 85, at 321 N. Dela-

. Thom 3hson, 74, at Methodist,

nds M broutho

City, measles. Esther D. Black, 32, at Central Indiana,

ids * Robertson, 56, at 28333 Roosevel ; a elt, Estella © "Harris, 42, rat 1934 ‘Edgemont, Chloe Alice Beals, 58, * Lamp, < -chironie em ema. at Riley

Alice Eamtiton.” 43, . Ban. nit Edith Marie B a ol. erie ¥ jt Belle ary tube G 3 - onic ‘¢ na at Sugar Grove Emma Blumberg, 67, at Olty, cerebral ann am 66, at 1821 8. Keystone,

nt 3 SRR

at Central Indiana, | O!

Grant, 30, at Otiy, pulmonary : Patricia Ann Robinson, 5 months, at]

Mm RUN DEATH

+f

SUSPECT SEIZED IN 1936 KILLING

Unidentified Victim of Auto|

Crash Held: Two Others In. Grave Condition.

(Continued from Page One) on which he was riding collided

with a coal truck, was reported in |

serious condition at City Hospital. Motorist Sought

Police today were seeking a hit-and-run driver who struck Harry Bauer, 44, of 2544 Brookside Ave. Mr. Bauer was found unconscious on. Hanna Ave. near 8. Meridian St. Reported in critical condition yesterday. Mr. Bauer was to be released from the hospital this afternoon. William Hayes, Bridgeport, was

struck last night by a hit-and-run]: driver at High School and Rockville | : He| was taken to Methodist Hospital| : | where his condition today was de-

Roads, State Police reported.

scribed as serious.

Pupils to Testify On Fatal Accident

Attorneys for the State were to call pupils of the Indiana School for the Deaf to testify in the manslaughter trial of 22-year-old Trenna | Edgerton in Criminal | Court toMOITOW. A continuance in the trial was granted by Criminal Court Judge Frank P. Baker because of absences of several of the State's witnesses. At the opening of the trial yesterday, witnesses said Edgerton was the driver of the car which struck and killed Lewis G. Hirschy, deaf school instructor, as he was walking with a group of pupils on N. Keystone Ave. and the Millersville road Oct. 26. 7 .

Parents to Receive Safety Training

Parents of children attending three City schools today were invited to receive instruction on “Pedestrian Safety,” Jan. 14 in School 69 auditorium as the Police Accident Prevention Bureau and school officials continued their campaign against traffic deaths. Meanwhile, William Evans, City Schools Safety Education director, worked with Indianapolis school officials on a safety course which would comply with State Public Instruction Department orders. New plans are to include instruction for nearly 5000 eighth-grade pupils and arrangement of high school Sriving courses.

OFFICIAL CONDEMNS LUDLOW PROPOSAL

LOS ANGELES, Jan. 6 (U. P).— Had the proposed Ludlow war refer- | ~ endum law been in effect at the

time,\ President Roosevelt would have n “hamstrung” in his negotiati on the Panay bombing, Assistant Secretary of War Louis Johnson said last night. Mr. Johnson, a former national American Legion Commander, bitterly denounced the proposal, which he said would take away the power

of Ameriéan diplomacy.

OFFICIAL WEATHER

mee United States Weather Boreas

INDIANAPOLIS = FORECAST — Mostly clondy tonight and tomorrow; possibly light rains tonight; - considerably colder; temperatures by tomorrow morning 20 to 25.

San 7:07 | Sunset ......4:35

TEMPERATURE Jan. 6, 1987— > 9 Be Meveoesgon 34 1 Pe Messoscsee a3

4 BAROMETER TR Misosess 20.84 5

Total precipiint 24 rs. ending 7 8: Meo Sree pitat!

Sunrise

00 .00

MDyEsE WEATHER India; Mos lou d i b. cotter tome ad motto Eon light snow Bh aay and rain Bo portion tonight. becom-

lino Mostly cloudy toni ht, ng als morrow; deb older. er Michi hi tonight and Ea Eo Huron tom 3 a Junaow som er ‘along southern

Ohlo—Rain EE to snow and coldor a Jonight; tomorrow snow and much Keniueky_Rain toni hs, chan snow Jn ost gortion 1a is te tonigh 28 toeast portion tomorrow; Warmer in southeast and. colder in wes and extreme north portions tonight, much tomorrow.

. BL Temp. 2098 26 30.18

S88 —- w»

ear Chicago ...oce0 Sedeses = age Gite an oe Denve

sussvessusurusaussseuyy | ERRESRED nso nuaaq ovsas

hopper. had a home since. stealing to exist.”

Times-Acmes Telephoto.

LOUISVILLE, Ky., Jan. 6 (U.P.) —Wendell Forrest Bowers, 19, embittered by the poverty that “kicked him into crime,” calmly considered today the prospect of death in the electric’ chair as he awaited removal to Pennsylvania for the slaying Dec. 13 of Mrs. Wilma V. Carpenter, Philadelphia socialite and former Indianapolis woman. The boyish ex-convict confessed the slaying Tuesday night, police said. He was turned over to Pennsylvania authorities today. “I'm not afraid of the electric chair,” he said.’ I've been stealing and robbing since I've been knee high to a grassMy mother died when'I was 14 months old and I've never I've been tossed around so much I had to turn to

“It’s coming to me.

Sutherland Retirement Leaves Liberals Dominant on Court|s

(Continued from Page One)

to do this, and have complained that their colleagues of the majority were reading the minds of legislators to discover unwritten intentions which might transgress property rights. The late Associate Justice Holmes once warned in a

| dissenting opinion that “the sky is

the limit” if “due process” powers are expanded by the courts. Taxes: Under conservative: Supreme Courts the - income fax amendment, though it authorizes levies on ‘income “from whatever source derived,” has-been held not to cover stock dividends, or the salaries of state officials and Federal judges. Other loopholes have been opened by Court action, many of them protested by the liberals.

Civil Liberties Field Clear

Reversals are possible in many other fields. A stricter interpretation of the

layton ‘Act eral Trade

e:] suits present the question. In the realm of civil liberties no great change is in prospect. The liberals have won every such case since 1932. The exclusion of conscientious objectors from U, S. citizenship, may be reopened. ‘All such changes, if they come, will be gradual and over periods of months or years. McNinch Not Mentioned Conjecture as to the President's selection today proceeded on two major assumptions—that the nominee will be an unquestioned liberal,

Jand that he will be from the West

or from some other judicial circuit not now represented on the Court. 1t is also-apparent from the President’s utterances that no one such older than 60 will be named. Frank R. McNinch, the Federal Communications Commission chairman and recently. the President's chief adviser on power questions, developed today as a new and important possibility. Mr. McNinch is a forthright advocate of “prudent investment” and of strict Federal and local regulation of utilities. He is 64 and his state, North Carolina,

Chief Seeks Ray Of Light on Rae Resignatio n

Roderick Rae, scientific investigator for Indianapolis police, today remained noncommittal concerning his reported resignation. Chief Morrissey said he had not accepted the resignation and wanted to get the matter “straightened out.” Mr. Rae sald, “3 have nothing to say.” It was reported that he had disagreed ‘with “someone” in the department, but not with Chief Morrissey. : ‘When called before Chief Mor-

rissey scientist reportedly replied he would resign fe before he would talk.

out of the year . .

We. feel. cur responsibility 365 wis :

Shoughtfully considers the gi over

mer Memb of Scotland Yard.

. Seville serves and.

trust Act, | Commission Act may result as law={

to explain the incident, the | |

been with the Police De- | in .He is a for=-|

is in the Fourth Circuit, not now represented on the Court. Stanley Reed, U. S. Solicitor General, and Senator Sherman Minton of . Indiana are the most - discussed of the 20-odd possibilities suggested in’ various quarters,

MINTON KNOWN FOR FIGHT AGAINST KLAN

Senator Has ‘Nothing to Say’ On Possible Choice.:

By DANIEL M. KIDNEY Times Staff Writer

Supreme — there will he ~ "repetition of the Black Klan scandal, the Hoosier's supporters said today. In 1930 Senator Minton ‘sought

the Ninth District Democratic con- |

gressional nomination on an antiKlan platform and was defeated, they pointed out. When the Klan was at its height in Indiana, the junior Senator is credited with tossing an organizer out of his New Albany law office. - Since his name appears on all lists of possible Supreme Court selections, he has been busy here

House Committee Rebels on|

President's Economy Proposals.

- (Continued from ‘Page One)

tee introduced a bill proposing to continue heavy highway appropria-

| tions for 1940 and 1941, despite Mr.

Roosevelt's demands for heavy reductions. Reporting a money bill for 37 ‘independent Government agencies, however, the appropriations bill cut heavily into “pork barrel” -items in setting the measure’s total at $1,414,818,515. Mr. . Roosevelt's demands that Government costs be held down were strengthened from another direction when Secretary .of the Treasury Henry Morgenthau Jr. announced ' that there appears no immediate need for additional funds to meet relief demands. The independent offices bill was reported a month ahead of the first bill last year. The dent “asked a cut of $123,669,000 in funds for the Civilian Conservation Corps and the. Committee upheld him in approving

the budget estimate of $226,331,000.

This item promised to make trouble in House debate.

CCC Funds Cut

The early start on appropriations was made possible by hearings before the special session opened last year, The measure’s major reduction was the $123,669.000 cut in CCC funds. The decrease requires that the number of camps be cut from an average of 1612 for the current year to 1200 for 1939. The number of enrollees will be reduced from 315,000 to 250,000. The largest increase over 1938 was a $70,559,322 appropriation for the Social Security Board. For the Tennessee Valley Authority, President Roosevelt asked a

tractual authorization of $4,000,000. The Committee cut the appropriation to $37,087,000, a reduction $3,079,270,

Photography Bill Sent to White House

WASHINGTON, Jan. 6 (U. P.).— The Senate today completed approval of a bill to restrict and regulate photographing of United States fortifications outside the mainland. The Senate agreed to House amendments to the hill.

La Follette Backs

Ludlow Proposal

WASHINGTON, Jan. 6 (U. P.).— Senator - Robert M. La Follette (P. Wis.) today condemned the threat of gag-rule against the Ludlow War Referendum Resolution and de-

A= scribed the measure as “more im- € | portant to the: “on | United States than

destiny of the. , whole heap of other bills.”

STATE POLICE JOIN MAIL ROBBER HUNT

GUTHRIE, Ky. Jan. 68 (U. P)— A blockade was extended along the Tennessee-Kentucky bordér by. Federal agents and police today in their hunt for three bandits who killed a postoffice messenger late Jester day. and escaped with . $25,000 in

talking to reporters. Neatly all have| cash.

asked him about the K. K. K. To such inquiries he Jen x “You can truthfully say that I am no Kluxer!” Following the dignified custom which surrounds the High Court, the Senator insists he is “not a candidate” for the place. But it is well known that he has looked with favor on a Federal bench sppointment for the last two years. . In the interim he has been a 100 per cent New Dealer and because of that fact President Roosevelt may want to retain him on the Senate floor, it is pointed out.

im

[0]

One of the bandits opened fire with a machine gun. Arthur Simms, the messenger, fell dead. Police Chief C. M. Sherrod was wounded. In their flight, a country storekeeper near Nashville, Tenn. was shot to death.

Capt. Walter Eckert of the Indi-

ana State Police said 10 officers |

from the Evansville barracks today were at work with Kentucky police on the theft last night of $25,000 in urrency, the murder of a mail - and ‘the serious : wounding of the Guthrie, Ky. police: chief.

Rep. Lister Hill

"BOB BURNS Says: [JOLLYWOOD.

The other day I was asked to make

a dinner speech at a fancy kennel club here in Los Angeles, and, of course, the members are all owners

of them fancy, pedigreed dogs and |

they was horrified when I got up and said that ‘I would much rather have a

value of a dog depended on how long his ears are, how wide his nose is, or what angle he holds his tail at. I don't think you can tell the value of a dog by lookin’ at the outside. You got to get inside of him to find his real worth. They are 8a whole lot like people that way. The other day I passed by a Hollywood school and I saw a terrible commotion in the school yard and I asked a boy what the trouble was and he says “well, a doctor jest come here and éxamined all of us and one of the ‘deficient’ kids is knockin’ the tar out of our ‘perfect

- specimen.’ ” $40,000,000 appropriation and a con- |.

(Copyright, 1938)

* HOPES GRIME WON'T

REFLECT ON GHILDREN

Widow of Kidnap Suspect Asks for Tolerance.

MUNCIE, Jan. 6 (U. P.).—The widow of a confessed kidnaper, who committed suicide rather than face death in the electric chair or life imprisonment, appealed to the public today not to hold her husband’s crime against their five children. “This is terrible,” Mrs. Harry C. Walters sobbed. “I don’t want anything to happen to the children. I hope people are kind and won’ let thigrafect on them.” = termed kidnaping “the worst thing a man can do” and blamed her hushand’s participation in the Christmas ‘Eve abduction of 3-year-old:John Bryan, Centerville banker's

son,;-on a fractured skull he received

12 years ago in Indianapolis.

Marcum: Arraignment Set for Saturday

RICHMOND, Ind., Jan. 6 (U. P.). —Walter C. Marcum, 30, will: be arraigned alone Saturday on a charge

of: Xidnaping 3-year-old John Bryan.

His partner, Harry C. Walters, 50, killed himself late yesterday by

HILLTOVICTO

ho Fails “efi, Who

Followed Its Reason--ing on Measure.

Ea ahd Who Were Jatgly sespons i sible for sabotaging the Wages-ande - Hours Bill, have something to think

aout. The Wages-aTd-hours legise |

poison to the

They told him it would be Most of them decided that the to save their own political hides w to stand true to the convictions: of the mill owners. They scuttled the :

Wages-and-Hours Bill.

midst of his Senatorial race, he cone tinued fo fight for the | bill. .

against the Wages and Hours Bill, Hill Doubles Heflin Vote :

“With Dixieland and almost all the Senators and Congressmen who hail from the land of cotton,” said the final appeal of the COM mittee, “stands J. Thomas: Helin in his determined opposition to .the Wage-Hour Bill—aimed by selfish Northern interests at Southern agri.

culture, Southern workers and

Southern industry. Mr. Hill stands almost alone among Southerners in his support of this ruinous measure, which lies sleeping in committee waiting to be called ‘out again by the South's enemies.”

Hill's vote was more than twice Mr, Heflin’s. The old gray" South ain't Vint 1 ved 10 Be. Only 12 Cope gressmen are.

BURGLARS TAKE $600 | Burglars. who brok : ETERS Fh valued ‘at more than $600, C. « i Ra | breaking out the front door glass. Theft of equipment ‘valued at $1 from his beauty and barber shop :

2522 W. 10th St. was reported police by E A. Imus. ign

jumping from the rail. outside his cell block. “The men, both unemipoyet cars

potas, Smitied abducting the -

And the

Rinks sponsors man-tailored version

Even after Mr. Hill was in the :