Indianapolis Times, Indianapolis, Marion County, 5 February 1938 — Page 1

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VOLUME 49—NUMBER 2384

BAR FAVORS YEAR AUTO DEATH TERM;

- TEST DRUNK-METER

®

Addition of $500 Fine To Short Sentence Is Proposed.

1937 LAW IS ISSUE

State Lawyers Hear 400 Erroneously Held in Indiana.

(Photo, Page Three)

The Indiana State Bar Association today went on record favoring lighter penalties for persons convicted of invo!untary manslaughter in con-

nection with traffic deaths.

The association took this stand in adopting a three-point resolution offered by the Jurisprudence Committee headed by A. J. Stevenson, Deputy State Attorney General. Proposals involving the selection and tenure of judges were to be discussed later today at the association's midwinter meeting at the Claypool Hotel.

Penalty Called Too Severe

Mr. Stevenson said the committee regarded the existing penalty of one to 10 years for manslaughter convictions in traffic cases “too severe.” The committee's recommendation, as adopted, urged that the “penalty be reduced to not more than one year to which a fine of no’. more than $500 may be added.” The association adopted recommendations to repeal the indeterminate sentence law and also to grant prosecuting attorneys the right to comment on a defendant's refusal to testify. Judge Stevenson said it is estimated that 400 persons are now in State penal institutions on erronous indeterminate sentences. He said to remedy the situation, the 1937 Legislature passed a law giving wardens the right to correct sentences.

Act's Legality Attacked

The Attorney General's office now is attacking legality of the 1937 act in a case at Michigan City, he added. Mr, Stevenson said the “good-time-off” law and Clemency Commission practices make the indeterminate sentence law unnecessary. John W. Morland, Valparaiso, submitted a report for the Legal Education Committee urging that law school courses be made more severe to raise the standards of the profession. He said this would “weed out” the unfit. The committee recommended also that law students be given opportunity to look at previous examinations to see how difficult they were and as a warning for careful preparation.

Constitution Fete Set

The American Citizenship Committee, headed by Franklin Circuit Judge Roscoe C. O'Byrne, reported that April 189, Patriots’ Day, had been fixed for the next general state-wide observance of the U. S. Constitution Sesquicentennial celebration. Many Association members were reported to be favoring measures to place election of judges on a nonpartisan basis. Democratic tate and County officials have aiscussed plans to force retirement of judges who have served more than two terms. Some members have asked the Association to conduct a fight against such a political party ruling. Floyd W. Burns, Indianapolis Lawyers’ Association president, welcomed delegates at the opening session today. Responses were made by Clarence R. McNabb, Ft. Wayne, and Edwin C. Henning, Evansville. Col. O. R. McGuire, counsel to the U.S. Controller General, was to be principal speaker at the afternoon session and Federal District Judge Merrill E. Otis, Kansas City, is to speak at the annual banquet tonight.

HEAVY TRANSFORMER FALLS, INJURES MAN

David Segal, 19, of Chicago, received head injuries today when he slipped and was struck by an 800-pound transformer he was helping lift to a freight car at the Industrial Machinery Co., Fletcher Ave. He was taken to Methodist Hospital in critical condition. His brothers, Myron, 30, and Sam, 24, also of Chicago, were helping him. They were unhurt.

LECTURER IS DEAD LOGANSPORT, Feb. 5 (U. P.).— Miss Etha Massena, 67-year-old retired postal clerk, traveler and lecturer, died at her home here today following a stroke of apoplexy.

Current developments in Rumania and Palestine once more pose a delicate problem for the Jews of the world, See The Times Monday for the first of a series of ar-

ticles on "Jewish Destiny.”

Appeal Is Planned on Dismissal of Case By Dailey.

DAVIS PLEA LOST

Judge Emmert Backs Device’s Record as Evidence.

TRAFFIC—Death of traffic victim raises 1938 Marion County death toll to 17.

COURT—Prosecutor Spencer to investigate dismissal of drunk-o-meter case in Municipal Court; Judge Emmert upholds drunk-o-meter as valid evidence in overruling new trial motion for Mrs. Florence Simmons Davis.

Prosecutor Herbert M. Spencer today said he will appeal the Municipal Court decision dismissing an alleged drunken driver who had been subjected to drunk-o-meter

tests.

He said the appeal will follow an investigation of evidence presented to the Court. Municipal Judge Pro Tem. George S. Dailey dismissed the defendant because he said he doubted the “conclusiveness of the drunk-o-meter tests.” Meanwhile, Circuit Court Judge James A. Emmert of Shelbyville, special judge in the Mrs. Florence Simmons Davis manslaughter case, upheld admissibility of the drunk-o-meter as evidence today by overruling a new trial motion filed by Mrs. Davis’ attorney, Clyde P. Miller. Mrs. Davis was convicted by a Criminal Court jury in connection with the hit-run traffic death of 14-months-old Barbara Condit.

Appeal Considered

The new trial request was based on the contention that admission of the drunk-o-meter evidence was in error. Mr. Miller said he “is considering an appeal.” Judge Emmert gave him 90 8ays to perfect an appeal to the Indiana Supreme Court. In the Municipal Court case, Harvey S. Young, 46, of 109 N. Gale St., was acquitted after Patrolman Patrick Griffin, who made the test, said it was only the second time he used the device and knew “only what he had been told” about the machine. Prosecutor Spencer said he believes the drunk-o-meter is conclusive as evidence if presented correctly. Judge Daily said he did not see how the drunk-o-meter tests could be accurate unless the devices were carried on police cars and the tests made at the time of arrests. He expressed doubt also that the competency of the machine had been established. Police Chief Morrissey said the device never “should have been used in this case” and barred its (Turn to Page Three)

MURPHY PROMISES MARCHERS RELIEF

100,000 Demonstrate Detroit Square.

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DETROIT, Feb. 5 (U. P.).—Governor Murphy promised today, after more than 100,000 unemployed auto

workers and sympathizers demonstrated in Cadillac Square, to call a special session of the Michigan Legislature, if necessary, to raise additional relief funds. > The demonstrators demanded a 100 per cent increase in relief and a State moratorium on chattel debts. They threatened a city-wide rent strike unless the City Council acted to reduce rents by 50 per cent. Homer Martin, United Automobile Workers Union president, told the crowd “We want one million dollars a week immediately as direct relief in the state of Michigan, and we have a right to it.” Richard T. Frankensteen, assistant president, read a message from Governor Murphy, ill at Ann Arbor, Mich., which said: “If I had to choose between adequate relief and a deficit, I would choose the deficit.”

| Geckler claimed records show he

Indianapolis Ti

FORECAST: Rain tonight or tomorrow; continued mild.

Ina Claire

WASHINGTON, Feb. 5 (U. P). —The perennial parade of movie stars, singers, painters and writers before the House Patents Committee begins at the hearing next Monday on a plan of Rep. William I. Sirovich (D. N. Y) to create a Federal Department of Science, Art and Literature. Ina Claire and Burgess Meredith are to be among the witnesses.

DENIES AIRPORT PLAN BLOCKED

Dienhart Says No Request For WPA Funds Has Been Made.

I. J. Dienhart, Municipal Airport manager, today denied reports that plans for construction of a Federal radio experimental station here have been blocked by Works Progress Administration officials. “They haven't turned down any proposal of ours because as yet we have not applied for a project. I discussed the matter with officials in Washington recently, but we will not file an application until we get final word from the Air Commerce Bureau that Indianapolis will be chosen definitely as the station site.” He said at that time the City will file a WPA project applicatio “which we are sure will be accepiable to Washington.” Mayor Boetcher, who returned early today from a two-weeks’ vacation in Hollywood, Fla., could not be reached for comment.

GECKLER FORMALLY

Critics Scored by Juveniie Court Head.

Juvenile Court Judge John F. ackler today formally announced his candidacy for renomination at the Democratic primary May 3. In his announcement, he de-

fended his administration against what he said was “long range criticism based on hearsay.” Declaring it is his policy “to keep children and their families together whenever possible,” Judge

has committed fewer children to institutions than previous administrations. Since he took office in 1931, Judge Geckler said he had decided 23,028 cases. He added that “only a dozen appeals” from his decisions had been taken and that only one reversal was given. The race for the Juvenile Court judgeship was given prominence several months ago when the Juvenile Court Committee, a citizens’ group, was organized to “promote a new era in court administration.” The commtitee last week indorsed William H. Remy, Republican, and Municipal Court Judge Wilfred Bradshaw, Democrat, as candidates for the Juvenile bench. Judge Geckler's statement follows: * . “I have made diligent efforts to establish a new Juvenile Court and Detention Home, but legal or financial obstacles have so far prevented (Turn to Page Three)

SIMONE IS TMPROVED HOLLYWOOD, Feb. 5 (U. P).— Simone Simon, French film star, in the hospital with bronchial pneumonia, continued to show improvement today.

WEST POINT HEAD NAMED WEST POINT, N. Y., Feb. 5 (U. P.).—Brig. Gen. Jay L. Benedict succeeded Maj. Gen. William D. Connor today as United States Military Academy superintendent.

Superior Court Judge Joseph Williams today criticized high school social life as “an unnecessary burden on parents.” Addressing a mother who had ordered her husband into court for

“There is too much basketball and social life in our high schools today. It costs a great deal more to send a girl to school than it did 20 years

ago. “It is the extra-curricular activi-

costs. When I went to high school it didn’t make any difference how we were dressed, but now pupils have to go all dressed up. “But those are conditions you can’t do anything about. However, children ought to help their par ents by cutting out the ‘frills’ in school life.” He told the parents to keep the children in school “at any cost” and ordered the father to pay $8 a week for the support of the two

SATURDAY, FEBRUARY 5, 1938

Seize Store Manager's Wife And Child, 3, as Hostages.

RELEASE BOTH LATER

Seven Other Burglaries and Thefts Are Reported Overnight.

Police today sought two bandits who seized a mother and her 3-year-old daughter as hostages after an unsuccessful attempt to rob a South Side grocery of which the woman's husband is manager. Two persons were hurt when a sheriff's car crashed into a street car while answering the holdup report last night. Police today also investigated seven burglaries and thefts reported overnight. Orval Clarke, 31, of 5139 Manker St., had closed the Standard Grocery at 2620 Madison Ave. and was driving home with his wife and their child, Patricia, when halted by another car in the 4400 block E. Michigan St. . Mr. Clarke said one of the men jumped out and ordered him, at the point of a gun, to drive back to the store and get the money. He said the bandit car followed. Both Cars Disappear Arriving at the store, he said, one bandit got into the car with his wife and child while the other remained in the bandit car. Mr. Clarke said that when he came out, both cars were gone, the one with his family being driven by a bandit. Mrs. Clarke later said that their car bogged down in the mud at Pleasant Run Parkway. She said the bandit offered her money to telephone for help, then fled through the creck bottoms. She said he continually asked for street directions. She did not know the direction in which the other car went. Deputy Sheriff Charles McAllister and Paul Rich were injured slightly when the car in which they were speeding to join the hunt collided with a street car at Delaware and South Sts. Deputy sAl Casse and Paul Rochford, driver, were unhurt. Freak Fowl in Loot George Ramey operator of the street car, was ordered into the sheriff's office today for failure tc give an emergency vehicle the right of way. Lillian Fellmer, Clermont, told police that burglars who broke into her dry goods store at 2518 W. 10th St. last night took jewelry and clothing valued at $108. A thief who robbed the chicken house of Carl Fancher, Maywood, found a freak fowl in his loot. It had the head and breast of a guinea and a chicken's body, Mr. Fancher reported. Eight hens valued at $15 also were taken. A thief who entered the Carman & Fryer Co. 113 N. Noble St., stole electrical tools valued at $218, Victor Carman, 1438 E. Washington St., reported. .

GUN WOUNDS FATAL T0 OHIO DETECTIVE

Find Slain Bank Bandit Not Charles Bird.

COLUMBUS, O., Feb. 5 (U. P).— Detective Robert Cline, 42, died of a bullet wound today, the third victim of a fierce gun battle yesterday between police and bank bandits at a rooming house here.

A bandit known to his accomplices only as “Mack,” and another bandit identified as Vincent Grinkowitcz, 28, of Cleveland, were killed by police bullets in the brief gun fight which followed the $3500 holdup of a branch of the Ohio National Bank. Police at first believed the man known as “Mack” was Charles Bird, notorious Cleveland gunman, but a check of fingerprints showed he was not. Two other detectives, one bandit and a woman were wounded in the battle.

KOKOMO BOY DROWNS IN FALL FROM BRIDGE

KOKOMO, Feb. 5 (U. P).—Funeral services were being arranged today for Thomas Elyea, 13-year-old eighth grade student, who was drowned late yesterday when he fell from a bridge pier into Wildcat EN in the downtown district ere. City firemen recovered the body

‘| within 15 minutes but were un-

BATTLESHIPS

CRUISERS || DESTROYERS

€S

Entered as Second-Olass Matter at Postoffice, Indianapolis, Ind.

PRICE THREE CENTS

SUBS

AIRCRAFT

BUILT PROJECTED is 4 u. S.

GREAT

BUILT [PROJECTED BUILT | PROJECTED 20 | 10 i185 | 51

PROJECTED 22

BUILT | PROJECTED BULT 5|3 84

U.S, BRITAIN AND FRANCE JOIN IN ULTIMATUM TO JAPAN ON BUILDING OF SUPER-BATTL

ESHIPS

Notes Demand Tokyo Give Naval Data By Feb. 20.

PARALLEL ACTION

All But 2000 Troops From America Called Home.

(Text of Note, Page Three; Editorial, Page 10)

By United Press

The United States, Great

chart above—would become even

Stricter Economic Rule Is Expected to Follow Military ‘Purge.’

BERLIN, Feb. 5 (U. P.).—A tightening of Nazi control in the economic field may follow the drastic shakeup in the Army, Air Force, foreign office and diplomatic service, it was predicted in some quarters today. Strong hints that the process of “amalgamation of the Army and Nazi party” had not been completed, and that there would be further moves, were thrown out by Nazi Party newspapers. It was indicated that a declaration on foreign and political matters which Fuehrer Adolf Hitler is to make to the Reichstag Feb. 20 ‘might mark the end of a reorganization period. It was announced officially today that seven Army and six Air Force

was admitted semiofficially that the retirements were based on ‘“differences of opinion.” With himself in full control of the entire fighting forces as national defense chief, with the War Minister and the Army Commander in Chief eliminated, with a switch in foreign ministers and the recall of three key ambassadors, Herr Hitler had effectd what some foreign diplomatic quarters called “a bloodless June 30.” Nazis, while admitting that the shakeup cleared an atmosphere of political tension, denied stoutly that there was anything at all to suggest in it a bloodless version of the drastic 1934 purge. It was generally felt that at least for the present Nazi dominance in Army and foreign policy had been vastly strengthened, partly by “promoting” certain conservatives, partly by frankly getting rid of some conservatives. As regards the possibility of a tightening up in the economic field there has been dissatisfaction in some quarters with the development of the Four-Year Plan of Economic Self Sufficiency, and it was felt that this field might be next. In this connection there was some interest in the appointment of Karl von Jazwitz, an advocate of foreign trade monopoly, as head of a new department of foreign trade, exports and foreign exchange if the Economics Ministry. Nazi quarters said that what had (Turn to Page Three)

The world armament race—illustrated by the

the implied threat of notes delivered to Japan by the United States, Great Britain and France should

Nazis to Tighten Con trol; | Britain Probes Ship Attack

generals would be retired Feb. 28. It

more frenzied if confirm rumors

might also have

% Third Vessel Is Reported Raided; 40 War Boats Watch for Subs.

LONDON—Another British ship reported attacked; 40 warships on watch for subs. SHANGHAI--China releases information purporting to show Japan intended action against United States, Britain and Russia, to dominate Orient. TOKYO--House passes conscription pill; Hirota denies Japan is at war. CANTON--100 suspected Japanese

agents arrested. BARCELONA—Loyalists claim they could finance six months to two years more of war. WASHINGTON-U, S. wins right to visit Mrs. Rubens in Soviet prison.

mm————

LONDON, Feb. 5 (U. P).—The

at Barcelona quoted an unconfirmed report today that Spanish Rebel airplanes had attacked another British ship approaching Barcelona, but had failed to hit it. This report arrived as the British Government, angered by recent sinkings of the British steamships Endymion and Alcita, was reported ready to draft a strong note on Mediterranean “piracy” to the Rebel Government. It was forecast the note would sey that the Government did not recognize any blockade of the Loyalist coast and would refuse to tolerate attacks on British shipping. A hurriedly convened meeting of Cabinet Ministers was held at the Foreign Office today and it was believed that the “antipiracy” patrol was discussed. Forty British warships will enforce new orders to sink at once (Turn to Page Three)

RAIN IS PREDICTED FOR WEEK-END HERE

TEMPERATURES woos 45 10%, Wn... 46 11a. m... 47 12 (Noon). 49 1p. m...

54 59 63

a. a. a, a.

63

Rain during the week-end was predicted today by the Weather Bureau. The forecast said it was due tonight or tomorrow during continued mild temperatures.

Old Salts of

SAN FRANCISCO, Feb. 5 (U. P). Lookouts rode the ferryboats and “Thar she blows!” today while a 60-foot whale splashed ‘about the offshore shoals, a hazard to navigation in the bay. The whale, described by mariners as very old but I Ee a

re-

Ferryboats

Chase Frisco’s Moby Dick

‘The Marine Department of the ‘Chamber of Commerce has been re-

At one time yesterday the whale was sighted 1500 feet off Pier 25. The crew of a revenue cutter passed near it.

Exchange Telegraph correspondent | PO

he other ‘whale has passed ‘the Golden |

be carried out. The powers asked Japan to deny or

she is building battleships and

cruisers larger than treaty limits and said they

CONGRESSMEN TO STUDY NEED

Ludlow Attends Meeting; La Follette Criticizes ‘War Scare.’

WASHINGTON, Feb. 5 (U. P). —A group of between 15 and 20 House Members met today and organized a . committee of nine Congressmen to obtain “all possible information” on American foreign policy and the extent of naval expansion necessary to implement the United States program. The meeting was secret. Louis Ludlow (D. Ind) was who attended. Rep. Henry C. Luckey (D. Neb.) issued the call for the meeting. Earlier Senator La Follette (Prog. Wis.), usually a New Deal supporter, had charged that war scare tactics were being used to persuade Congress to approve “like a pig in a poke” a new and costly foreign licy. The Administration's proposed 800 million dollar naval building program in reality involves a change in foreign policy but one which has not been disclosed to Congress, Senator La Follette said.

Rep. one

Super-Battleships May Cost 80 Million

WASHINGTON, Feb. 5 (U.P) .— The most costly battleships built by the United States to date, weighing approximately 32,000 tons, cost 27 million dollars each, but Navy experts believe ships of only slightly greater tonnage would cost approximately 80 million dollars today. Navy Department spokesmen refused to speculate on the cost of a 42,000-ton battleship, but pointed out that it has been estimated a ship of 35,000 tons would cost somewhere in the neighborhood of 70 million dollars under present day construction costs. Chairman Carl Vinson (D. Ga.) of the House Naval Affairs Committee, said today that the bill now before his Committee to authorize a 20 per cent increase in U. S. naval strength will permit this country to construct battleships of any tonnage.

INVESTIGATE REPORT OF ORDER VIOLATION

Governor Townsend's office today planned an investigation into the report that the State Purchasing Department has failed to post all invitations for bids on a bulletin board in accordance with an executive order issued three years ago by former Governor McNutt. The bulletin board was placed outside the department, it was said, but was used only a short time. Investigation of the bulletin board will be made in connection with the ‘Governor's study of other practices in the purchasing department. Dick Heller, the ‘executive secretary, and Charles M. ‘McAlpin, state purchaisng agent,

examination. The Governor said he would make revisions in the department’s business methods after he receives a report. . ee A A S55 PO. 10 DIE IN ELECTION RIOT CAIRO, Feb. 5 (U. P.) —Ten persons were killed and scores wound‘ed today in Nazlit Khalaf, a vilf Province,

have been delegated to make the]

Britain and France joined toe day in demanding that Japan | reveal her plans regarding | the building of super-battle« | ships larger than 35,000 tons, with the warning that the three powers will feel free to engage in a naval building race if Japan does not give a satisfactory reply.

The demand was an ultimatum, because: 1, It set a time limit of Feb. 20 for the reply; 2. It threatened specifically what action would be taken if the demand is not met. The embassies of the three powe ers delivered the notes to the Tokyo Foreign Office. They were almost exactly identical, except that Britain mentioned her separate naval agree« ments with Germany and Soviet Russia. ! A naval spokesman in Tokyo said Government leaders must confer before discussing the note. He said that although Japan keeps her building plans secret, she is “builde ing entirely on a basis of none menace and non-aggression.”

U. S. Demands Tokyo Reply by Feb. 20

WASHINGTON, Feb. 5 (U. P.) == The United States demanded to= day that the Japanese Government say categorically on or before Feb. 20 whether Japan is building or plans to build super-battleships in excess of 35,000 tons. The alternative, in event Japan fails to give a satisfactory reply, the note stated, would be that the United States would be compelled, in consultation with Great Britain and France, to consider construce tion for themselves of super-battle« ships larger than 35,000 tons and mounting guns larger than the present 16-inch caliber, The demand was contained in a note cabled to Ambassador Joseph C. Grew at Tokyo for presentation to the Japanese Foreign Office.

Termed Parallel Action

“A preliminary consultation has taken place and the British, French and American governments have decided to approach the Japanese government with a request for information,” the State Department said.

The United States, Great Britain and France are signatories to the 1936 London Naval Treaty which limits the size of warships they may build to 35,000 tons and arma« ments to 16-inch guns, unless some other power builds bigger and more powerful ships. The American note was dispatched to Japan a few hours after Admiral William D. Leahy, Naval operations chief, and America’s No. 1 ranking Naval officer, had refused to answer questions by a House Naval Affairs Committee member whether the United States had an understanding with Great Britain on Naval matters in the Far East.

U. 8. Withdrawing Forces

It followed by only a few hours also, announcement by the State Department that this Government had decided to withdraw the 15th U. S. Infantry from Tientsin. Only a few days ago it was announced that approximately one-half of the 2600 U. 8S. Marines stationed at Shanghai will be withdrawn to Honolulu some time this month. Thése withdrawals will leave the United States only about 2000 armed troops on guard duty in China, in addition to the units of the Amer ican Asiatic Fleet. The note to Japan demanding information regarding Japan's naval construction plans followed persist ent rumors over a period of months that Japan is planning or actually constructing two or more battleships (Turn to Page Three)

TIMES FEATURES ON INSIDE PAGES

Mrs. Ferguson 9 0 | Music ........ 13 Obituaries ... Pegler Crossword ... 12 | Pyle ......... Curious World 13 | Questions .. Editorials ... 10

Grin, Bear It 14 In Indpls. ... 3 Jane Jordan. 9 Johnson “ree 10 H Movies suyese 3!