Indianapolis Times, Indianapolis, Marion County, 28 January 1938 — Page 12

PAGE 12

UNBORN CHILD IS NOT PERSON, JURIST RULES

Judge Believes Decision Is Wrong, but Is Guided By Precedent.

CHICAGO, Jan. 28 (U. P.).—Attorneys for Mrs. Theresa Smith said today they will appeal a ruling of Judge Harry M. Fisher, which found that an unborn baby is not an individual. The ruling was based on a precedent set 54 years ago by Justice Oliver Wendell Holmes. Judge Fisher expressed personal disagreement with Justice Holmes but said he was bound by the Holmes’ decision, given in the only other similar case to come before the courts.

The problem arose when Mrs. Smith, 34, Waukegan, Ill, filed suit against two specialists, charging they incorrectly diagnosed her condition in February, 1924, as an abdominal tumor and gave her five X-ray treatments, each lasting 45 minutes. Five months later a baby girl was born.

Charged Child Injured

She charged the X-ray injured her unborn child to such an extent that it was an imbecile from birth and never passed the mental age of ig years. The child died last Oct. 5

Judge Fisher’s ruling dismissed the suit in which she sought damages of $100,000 and recovery of sums she said she spent in attempting corrective treatments for the child. Judge Fisher suggested to Mrs. Smith’s attorney that they appeal the case. “Personally,” he said, “I think Justice Holmes was wrong. He was stretching the truth to a theoretical abstraction. I believe the law has failed to keep step with medical science.”

Claims Law Archaic

Attorney Clarence Dungan, representing Mrs. Smith, said there were many cases in which a child was born after the death of the mother and that the old law was archaic. “I agree with you,” Judge Fisher said, “but I can only be guided by legal precedent.” Justice Holmes handed down the decision before taking the Supreme Court bench and while he was judge in Massachusetts. The case was one in which an expectant mother sued the City of Northampton for damages after she had fallen on a faulty sidewalk and her child was born a cripple.

PREDICTS UNION OF LUTHERAN SYNODS

DETROIT, Jan. 28 (U. P.)—Dr. Ellis B. Burgess of New York head of the New York United Lutheran Synod, today was National Lutheran Council president for a second term. In a brief address at a banquet following election of officers, Dr. Burgress predicted eventual union of all Lutheran divisions in America. The national council over which he presides embraces eight Lutheran divisions. Othor officers re-elected were: Vice president, the Rev. T. O. Burntvedt, Minneapolis, Lutheran Freen Church national president, and secretary, the Rev. Peter Peterson, Chicago.

JEWISH COMMITTEE PUSHES FUND DRIVE

G. A. Efroymson and L. J. Borinstein today furthered plans for Indianapolis’ part in the 1938 cam-

paign of the American Jewish Joint Distribution Committee for funds to aid Jewish populations overseas. Mr. Efroymson is a national plan and scope committee member and Mr. Borinstein is on the board of directors. They received a message from Rabbi Jonah B. Wise, New York, campaign chairman, saying that the campaign goal had been fixed at $5,100,000.

Captured His Bride

Jerry Whitfield would never forget that night he found Polly Chelsey locked in a smuggler’s cabin. Holding the ship's captain at gun point he rescued her, covered her flight in the darkness. He had captured his own bride! Don't miss this great, stirring story of the War of 1812, a serial,

Vi : Polly Beginning Next Wednesday in

The Times

For I 01 |

Times-Acme Telephoto. Jeanne Walters, 19, who left her home at Great Falls, Mont, with Hollywood ambitions, but fell into the grip of a vice ring, then praved gang vengeance to give city, state and Federal authorities at San Francisco evidence on the operations of a coast-wide slave ring. More than 40 persons have ajready been arrested, seized in raids based on her story.

12 GET TOP TEN AWARDS FROM MANUAL HIGH

Straight A-Plus Pupils Are Given Wreaths at End Of Semester.

Twelve top ten wreath-pins signifying straight A-plus cards, were issued at the end of the first semester at Manual Training High School. Pupils who received the pins were: Betty Hall, Mildred Reimer, Char-

lotte Craig, Dorothy Egger, Donnie Douglas, Wilma Wellman, Ida Mae Caito, Menka Guleff, William Leukhardt and Edgar Siegel, senior high school, and Ione Colligan and Florence Sacks, junior high school.

Others on the girls’ senior high honor list were: Mildred Reimer, Annette Thornberry, Eleanor Kinney, Charlotte Craig, Dorothy Egger, Edith Morgan, Mary Sprenger, Betty Reed, Evelyn Skillman, Marie Sassower, Martha Louise White, Ruth Fleck, Mildred Hull, Hazel Hardcastle, Flora Achgill, Mary Lois Allee, Bernice Berger, Donnie Douglas, Willma Wellman, Mary Roeder, Ida Mae Caito and Menka Guleff. Other high senior boys were: Walter Rafert, Alfred Hunt, Merle MsKinley, Joe Shupinsky, James Maschmeyer, Glen Smith, Allen Smith, Boyd Collins, Eugene MecCarty, Robert Rooker, Russel Burtis, Lawrence Daum, Pete Holevas, Edward O'Nan, Edgar Siegel, Richard Smith, Frank Wolf, Charles Angel-

BOILING

SHOW CARD COURSE OFFERED AT Y. M. C. A.

A course in show card and poster art is to be offered by the Y.M.C. A. Trade School beginning Tuesday, I. W. Keen, instructor, announced today. The class will meet at 7:30 p. m. each Tuesday and Thursday. Brush and pen work, lettering, layout, screen processes, and color combinations are to be studied.

SMALL STEWING

HENS

YOUNG ROASTING

Chickens

1022 S. Meridian

CHICKENS _._...........-.

rani BEE

Free Dressing

MARION POULTRY CO.

Open Till Noon Sunday

17¢

DR-3441

146 E. WASH. ST.

room for Spring stock!

$14.95

Values The most popular fabrics and colors of the season! Sports and regular backs!

$18.95 Values—

8:

$22.95 Values—

® Close-Out Price! Expertly tailored pants of fine quality corduroy! Wanted colors! Take advantage of this price!

THE CHICAGO STORE

Je E. WASH. ST.

We are closing out our winter merchandise to make Dramatic savings!

CLOSE-OUT OF MEN'S \ Suits, Topcoats and

\ Overcasts

Sizes for All Men!

$27.50 Values—

$19.95 $14.95 $16.95

$2.95 Corduroy PANTS

Men's 98c Dress

SHIRTS - 54

Boys' $9.95 Horsehide COATS $ 4%

Well made, warm

ai lors and novly lined. Special... Plain Colors an oy-

elty patterns .

Kx $2.98 Wool Melton JACKETS

For men and young men! Zipper clos-

$10.98 Values

Fur and self t rimmed! Well made, quality fabrics, warmsly lined!

$8.95

Values—

0:

$16.98 Values—

A huge assortment of better dresses—gay prints and lovely plain colors! New styles!

CLOSE-OUT! WOMEN'S

Sizes for Women and Misses

$29.95 Values—

42 $9.95 a 9.95

Girls’ $3.98 Winter COATS Stes 7 7 © 13 Years, 2 99

| Jrimmear {= 0

$1 Value Girls' All-Wool

SWEATERS 49.

Smart slipover styles. All wanted colors.

Open "Til 9 Saturday

Night!

Liiimm——— a a 1 k

Women's Pure Silk

HOSIERY 39:

Full-Fashioned!

Lisle Jajntorces! Irregulars

THE INDIANAPOLIS TIMES

kovich, Richard Deter and Paul Moehiman. Music awards, lyres, were issued to Orville Crane, Max Eversole, Lelia Harlan, James Kohl, William Leukhardt, Paul Moehlman, Robert Rooked, Richard Smith, Richard Sohn, Nina Switzer, Edward Tournagis, Lester Winzenread, Frances Ballenger, Leo Browning, Marian Land, Robert Schwomeyer, William Tedrowe, Dorothy Egger, Mildred Eggert, Marjorie Lowe, Deloris Brizendine, Leola Bush, Vivian

WPA WILL REPAR TOYS FOR CHILDREN

2 Sewing Room Projects Also Approved.

Times Special WASHINGTON, Jan. 28.—Ap-

WORKMAN’S CIRCLE TO MARK FOUNDING

The Workman's Circle order is to celebrate its 13th anniversary with a banquet and stage concert at Kirshbaum Center at 6:30 p. m. Sunday. Delegates from Chicago, Gary, South Bend, Hammond and Indi-

FRIDAY, JAN. 28, 1038

ana Harbor are expected to ate tend. Dr. L. Lorber, Chicago, is to be principal speaker.

B ROK Ek oll

Fountain Pens Repaired While You Wait

The Pen Hospital

21 S. ILLINOIS ST. OE

:

Schulz and Juanita Shoemaker.

OHIOAN TO ADDRESS " ELECTRICAL GROUP

Samuel S. Wyer, Columbus, O., consulting engineer, will address the American Institute of Electrical Engineers, Central Indiana Section, at 8 p. m. today at the Indiana Bell Telepnone Co. auditorium. He is to discuss “The Shift of Civilization.”

proval of an Indianapolis toy rehabilitation Works Progress Administration project costing $10,518 was received from the President today, Senator VanNuys’ office announced. Discarded toys will be repaired and distributed to charitable insti-

tutions for children, it was explained. In addition $5910 of WPA funds also was approved for sewing room projects in Vanderburgh County and $6966 for similar projects at Boonville.

CHAS. C. PEEK

JEWELER

IF YOU WANT TO SAVE MONEY SEE PEEK BEFORE YOU BUY

9 S. lllinois St.

Ld

VOTE ON MILL SALE

FT. WAYNE, Jan. 28 (U. P.).— Stockholders of the Ft. Wayne Corrugated Paper Co. will meet Feb. 5 to approve action the sale of the company’s paper board mill at Hartford City, it was learned today.

A cheer goes up at the dinner tible— e's married a girl who's extra able

AT BAKING

PILLSBURY'S BEST

THE “BALANCED” FLOUR=—MAKES GOOD BAKING BETTER

ung MORE DAYS.

Y AND MONDAY....

SATURDA

= | ALR EL i is Tt

Price tags now

last.

— - ALL RUGS..; OFF ..Saturday & Monday £ LI 1===9 Victor International $ 50 neluing brown, gresy, BS, 18 He Woh ron bi, Aven low as $1.00 per week! 6 Regular $69.50 2-Pc. Living Room Suites 49 50 © Terms as low as $1.00 per week. Price tags now : 7 Reg. $59.50, 3-Pc. Walnut Bedroom Suites § 3 85° Rich walnut finish bed, chest and vanity, $1.00 per week! Price tags now 9 Reg. $99.50, 5-Ply. Walnut Bedroom Suites $ 79 50 3 Pieces, bed, chest and vanity. 4 Styles to choose from—while they . Reg. $79.50 Gas Ranges . . . table top—snow white Reg» $49.50 “Quick Meal” Oil Ranges, table top Reg. $29.75 “Quick Meal” Oil Ranges TERMS AS LOW AS $1.00 PER WEEK Regular $79.50 Walnut Dining Room Suites $ 59s © 50 Modern design . . . well made . . . buffet. Extension table . .. 5 side » and arm chair. $1.00 per week! Price tag now Regular $129.75, 5-Ply Walnut Dining Suites § 895 50 5-ply Walnut Dining Room Suite. New A arn matched yes et 19+ AT

These sell regularly for $129.75 . . . You have choice of many colors Genuine Victor International suites—Hurry for these—while they last. Terms as low as $1.00 per week. Price tags now Table Top “Quick Meal’ Oil Ranges, reg. $79.50, sale price_$59.50 extension table and 6 chairs. Terms as lo eek! Price ta

12 REGULAR $27.50 KITCHEN CABINETS §

—Exceptionally well built—all modern conveniences— price tags now he

L-A-S-ET !..WE MUST SELL

OCCASIONAL CHAIRS

.. . Read This If You Need One or More!

We have a tremendous stock of new and beautiful occasional chairs . . . carried over from Xmas. . . . They are priced from $4.95 to $19.50 . . . we offer them—2 days only—Saturday and Monday at % PRICE , .. terms to suit!

This Means And Up to

$4.95 Chairs $8.95 Chairs $19.60 Chairs

52" .4° 9°

NOTE—We also have a few occasional rockers in this offer!

EASY TERMS

Arranged \ On Everything %

—No [Interest —No Storage

—No Carrying

Charge DIRECTLY OPPOSITE THE STATEHOUSE

N

=7

Yes!... for 2 days more... Saturday and Monday . . . a story of CUT PRICES... reductions made necessary because of our overstocked condition. YOU CAN SAVE a great deal if you purchase now, or, if you pay a small deposit now to hold your purchase for future delivery. In other words... if at all

possible, it is de- — to your advantage to seize the opportunity now being offered . . . if, later, you find that you cannot use the merchandise that you placed in our layaway . . . your cash deposit will be refunded . ...

FLASH ==

Regular 59¢ Felt Base

LINOLEUM 3 Le Yd.

Only 300 yards to sell at this low price, so hurry.

RRA

231-237 WEST WASHINGTON STREET

Full single size.

—

a

A SMALL DEPOSIT

Holds Any Item for Future Delivery!

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