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

FORECAST: Slight rain or snow and somewhat colder tonight, with lowest temperature about 80; tomorrow partly cloudy and warmer by night.

(Serr; —nowasnd VOLUME 50—NUMBER 230

FORD PATENTS FREE T0 ALL 'EDSEL CLAIMS

Motor Maker Tells Monopoly Committee No Royalties Charged or Paid.

AUTO INDUSTRY PROBED

Four Hoosiers Subpenaed in Glass Container Firm Investigation.

WASHINGTON, Dec. 5 (U. P.)— Edsel B. Ford, Ford Motor Co. presi= - dent, told the Economic Investigating Committee today that Ford patent policies encourage competition in the automobile industry.

Mr. Ford, first witness in an investigation of the use and control of patents in the nation’s biggest manufacturing’ industry, that his company did not pay or charge royalties for the use of

testified |

patents, and did not sue on in-| §

fringements. He was the first spokesman for dominant motor manufacturers whom the committee plans to hear. He appeared after Assistant Attorney General Thurman W. Arnold opened the patent phase of the inquiry with the assertion that antitrust enforcement must be used to remove obstacles to full industrial ‘production, William 8S. Knudsen, General Motors Corp. president, and K. T. Keller, Chrysler Corp. president, are also expected to testify, along with officials of smaller auto companies and the Automobile Manufacturers’ Association.

Collected Royalty Once Mr. Ford said he believed “patents should be worked,” and that for this reason his company. maintains a policy of encouraging inventors. “You're also encouraging competition in that way?” Mr. Arnold interposed. “I believe so,” said Mr. Ford. “I ‘take it you don’t desire exclusive control?” Arnold asked, refer. - ring to patents. “We have no. such desire,” Ford replied. . Mr. Ford said his company granted patent licenses to “anyone who wants to use them.” He said the company once collected royalties on a patent, in 1911, but no royalties since have been collected. He explained that Ford started one suit on patent infringement b 1909, but since then has not been involved in such action. Joseph I. Famey, Ford patent attorney, who testified concurrently, said lack of patent protection would be “quite a detriment” to small inventors, and that capital might be deterred from investing in struggling companies which depend on their invention to build up their business.

Engineers Mostly

He admitted that “the majority of contributions are made by engineers more concerned in doing a good job than by patent-minded men.” Mr. Arnold, representing the Justice Department on the investigating committee, pushed the inquiry into the patent phase with his review of the work of the antitrust division. Mr. Ford said his company did not belong to the Auto Manufacturers’ Association because the association was formed about the Selden patent which the Ford company successfully fought. He said that when Henry Ford had applied for membership the association had called him a “fly-by-night” manufacturer and asked a royalty of $15 per car for use of the Selden patent. “Antitrust enforcement,” he said, “must be linked to the successful operation of our economic system. It should not be used blindly to disturb the efficiency of mass production. Neither should it be used to upset orderly marketing conditions which increase the efficiency of distribution.” Following the testimony of auto executives, a similar investigation into the glass container industry, also a “triopoly,” will be made. Among witnesses likely to be called for this study are Frank C. Ball, president; George A. Ball, vice president, and A. M. Bracken, assistant treasurer of Ball Brothers, Muncie, Ind, and T. C. Werbe, Tonch Corp. president, Anderson, Ind.

17

Shopping Days Till Christmas

— FOCH WAS MAING TRIVMPH AOUR OF UNITED, STATES. oo

OOKING Back to Christmas 17 Years Ago—“Santa’” Uncle Sam was frowning on Philippines’ plea for Christmas gift of independerice. , . . That mouthwash advertisement was telling you to “ask your best friend if you dare.” «+» Marshal Foch, Allied Com-mander-in-Chief, was making a triumphant tour of U. S. . . . It was merry C for new “Irish Free State,” created by treaty that Slimazed 700-year struggle for free-

he

BABY PERILED ‘BY MENINGITIS

Parents Hunted t by Police; Juvenile Court May Get Case.

In City Hospital today a baby girl less than two weeks old was fighting alone to live against heavy odds. The child was found, wrapped in cotton blankets and with its feet bare, Saturday night at the home of John PF. Barton, 1618 N. Delaware St.

ently hung on police efforts to trace the label. on a ‘bottle of campho-| rated oil left with the child. * Police said there was no other clue and that they intended to take the case to Juvenile Court. ‘Meanwhile, at the hospital, physicians were to decide whether to operate to remove a spinal tumor with which the child was born. They said that the child is especially susceptible . to spinal meningitis. Miss Anne Barton was summoned to the door of her home by a delivery man from a downtown store who greeted her with: “Why is that kaby left out here?” Miss Barton looked into one corner of the porch and there was the child, whimpering, and beside it a boX containing the camphorated oil and some clean diapers.

Not on Porch Long

Members of the Barton household said the baby could not have been on the porch long because some 0 the seven members of the family had been in and out every few moments during the evening. Miss Barton took the child in the warm house and called police. After a preliminary attempt to find a clue to the identity of the person who left the baby, police took her to the Board of Children Guardians’ Home. “The poor little thing’s feet were cold when she got here,” the matron said, “and she was crying a little. We could tell very soon that she was not well, and when we went to change her clothes we discovered the spinal growth.

Ordered to Hospital

“We called our staff doctor, described the child’s condition, and he ordered her sent to the hospital. We could tell immediately that the child was deformed. The child’s clothing had no identifying marks, police said. There were no booties or stockings on her feet. The shirt and cotton blankets were her only protection against the cold. Physicians said it is problematical whether the child always will be paralyzed. They said that if the tumor has destroyed any of the spinal nerve fibers, it is likely the girl never will walk naturally if she lives. Meanwhile, they described the child as in a serious condition. Blueeyed and with black fluffy hair, the girl appeared contented today in the children’s ward.

COX WILL TRANSFER TO STATE FIRE POST

Emmett T. Cox, State Labor Department conciliator, is to be appointed head of the education division of the State Fire Marshal's

‘office, to succeed Archie McCabe,

who is to become Muncie fire chief, it was announced today. Mr. Cox formerly was a member of the Sullivan fire department and served for a time on the State Fire

‘| Marshal's staff.

Mr. McCabe said he expects to resign within the next few weeks. He has been in the Fire Marshal's office since May, 1233, and earlier served 23 years with the Muncie fire department. During the last 12 years of Shes time, he was Muncie’s fire chie

. REPORTS $216 /STOLEN O. F. Baggman, R. R. 1, Box 324-E, reported today that someone entered the office of the Powell Commission Co., Stockyards Build-

ing, stole $i16 Irom the safe,

The identity of the child appar-

*

Foundling Faces Spinal Operation

Temperature Slide to 30 Is Forecast

TEMPERATURES ... 40 10 a. m 39

41 11 a. m... 42 8 a. 39 12 (Noon). 42 9 a. 3 1pm. 41

Slight rain or snow and colder temperatures were predicted for tonight by the Weather Bureau with a minimum temperature of about 30. Tomorrow will be partly cloudy and somewhat warmer by night, the Bureau said. Yesterday's temperatures were put 10 degrees above normal for this time of the year and reached a high of 2 and a low of 38, the Bureau

MOTHER RESCUES SON FROM BLAZE

Finds Boy Coughing From Smoke in Home.

m 7a m... m

(Photo, Page Three)

Mrs. Alberta: Wiggins awoke this morning to find flames licking the walls of the living room of her home, 1367 Silver Ave., and to find her 23-year-old child coughing from smoke, She arose, picked up the child, Lloyd, and escaped without injury to either. The proprietor of a grocery store at the corner called firemen, who extinguished the fire with little property loss. The fire started from an overheated living room stove, firemen said. Mr. Wiggins is a filling station attendant and had left for work.

3 FOUND DEAD IN ROOM AT MUNCIE

Not Known Whether Gas Fatalities Are Accident.

MUNCIE, Dec. 5 (U. P.).—Three men tentatively identified as Paul Reed, Joe Conner and Walter Grady Johnson were found dead in a gasfilled boarding house room here today. It was not determined immediately whether their deaths were accidental. They were last seen Saturday night when they entered the room, Mr. Reed and Mr. Conner ax from Muncie, but Mr. Johnson's residence has not been learned.

ROOSEVELT TO GIVE RADIO TALK TODAY

COLUMBIA, S. C., Dec. 5 (U. P.). —President Roosevelt left here today at 9:30 a.m. after a two-hour visit with Governor Johnston and Governor-elect Burnet R. Maybank. He had breakfast with: South Carolina officials and made a short tour of the city. Then the President entrained for Chapel Hill, N. C., where he is to speak this afternoon. It is expected he will restate his policy of democratic liberalism. The address at 3:30 p. m. (Indianapolis time) is to be broadcast nationally (CBS-WFBM). From Chapel Hill the President will go to Washington,

5 Years of Repeal— How Has It Worked?

Repeal is five years old today. How has it worked in Indiana and the nation? A series, "Five Years of’ Repeal,” begins in The Times tomorrow.

{the “Board

MONDAY, DECEMBER 5, 1938

Times Photo.

“Baby Doe,” a foundling, fights for her life at City Hospital.

SUPREME COURT REVERSES NLRB

Upholds A. F. of L. Union in Utilities Dispute; Plea For Mooney Denied.

WASHINGTON, Dec. 5 (U. P).— The Supreme Court today ruled that the National Labor Relations Board employed faulty procedure in seeking to invalidate a contract between the Consolidated Edison Co. and an American Federation of Labor union,

The high court modified the Board order to allow the contract to stand but upheld the remainder of order and" ed} Board jurisdiction over utilities which are local in nature but service interstate industries. The NLRB decision was presented by Chief Justice Hughes. It was the first case before the Court the NLRB has lost. In the only other important case of the day, the Court denied attorneys for Thomas J. Mooney permission to file suit for and original writ of habeas corpus releasing Mooney from his life sentence for participation in San Francisco’s 1916 “Preparedness Day” bombing.

Black and Reed Dissent

The Court divided over the NLRB case in an unusual manner. Justices Reed and Black, appointed by President Roosevelt, contended that the entire Labor Board order should have been upheld. Justices Butler and Reynolds agreed with the modification of the order but would have gone further to set aside the entire order on jurisdictional grounds. While overruling the Labor Board order that contractural relations between the A. F. of L. International Brotherhood of Electrical Workers and Consolidated Edison be broken off, the Court did allow that portion of the board order to stand which held that the I. B. E, W. should no longer be considered the exclusive collective bargaining agency of Consolidated employees. The rival union is the United

‘Electrical and Radio Workers, a C.

I. O. affiliate. Chief Justice Hughes said that before the contract could be abrogated the NLRB would have had to give notice to the Brotherhood and introduce proof to sustain the charge that it was entered into in disregard of employees’ wishes,

STOCKS OFF FRACTIONS

NEW YORK, Dec. 5 (U. P).— Stocks drifted off fractions in very dull trading today on the Stock Exchange. Rails and utilities lost

STIFF PENALTY

| | streets and highways of drunken

and cautious use of their automo-

DEMANDED FOR

State Traffic Council Asks Police to Clear Roads of All Inebriates.

DEATH REDUCTION CITED

Citizens Urged to Use Cars Cautiously; Enforcement To Be Discussed.

(Traffic Story, Page Four)

The Indiana Traffic Safety Council today called upon police to clear

motorists and pedestrians for the holiday season, and upon the courts

to “mete out full punishment provided by law” for those arrested. Meeting at the Indianapolis Athletic Club, the Council took cognizance of the “substantial reduction in traffic fatalities thus far during 1938.” It urged all citizens to an “alert

biles during the remainder of .this year.” The Council’ s executive committee was to meet to discuss ways and means of seeing that the resolution is enforced. D. D. Fennell of Chicago, National Safety Council president, was the featured speaker at the luncheon today. Paul Hoffman, Studebaker Corp. president, is temporary Council president. Officers were to be elected. The text of the resolution: “Because of substantial reduction in traffic fatalities thus far during the year 1938, and in the spirit of preserving human life fOr enjoyment of the Christmas season, and of the New Year, Be it resolved that the Indiana Traffic Safety Council urge upon the citizens of Indiana the alert and cautious use of their automobiles during the remaining days of this year. “Be it further resolved that motorists be urged to refrain from operating motor vehicles or attempting to walk through the city streets, or along rural highways after the use of intoxicating liquors. Drinking Rapped “Be is: ‘also. resolved that police} officials- * exereise - extraordinary measures to apprehend drunken drivers and take measures to remove drunken pedestrians from the streets and highway.’ “Be it also resolved that the courts be urged to mete out the full punishment provided by law for first and repeated offenders, not in the spirit of infringing upon the personal liberty of the individual or his right to the use of alcoholic beverages, but to safeguard the lives of innocent men, women and children who might be sacrificed by individuals who have so little regard fof’, the safety of themselves or others as to drive or walk upon public streets and highways when obviously unfit so to do.”

Half of Motorists Favor Speed Limit

Indiana motorists in favor of a highway speed limit prefer a rate of from 50 to 60 miles an hour, according to T. A. Dicus, chairman of the State Highway Commission. Mr. Discus reported, however, that nearly half the motorists are against any speed limit. Tabulation of questionnaire forms filled out by 2965 persons at the Indianapolis Automobile Show last month gives 1542 votes for a speed limit and 1360 votes against. Suggested speeds ranged from 35 to 80, with the largest vote for a 50-mile limit and the next largest for a 60-mile limit.

15 GREEK SEAMEN LOST IN COLLISION

LONDON, Dec. 5 (U.P.) —Fifteen members of the crew of the Greek freighter Akti were listed as missing today after the ship sank in a collision with the German steamer La Plata. La Plata, a passenger steamer of 8056 tons, was bound for Buenos Aires from Hamburg. It was badly

nearly a point,

TIPSY DRIVERS

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

BULLETIN

(Earlier Details, Page Three)

NEW ALBANY, Ind, Dec. § (U. P.)—Two field examiners for the State Board of Accounts and a former Floyd County treasurer today were indicted by the Floyd County Grand Jury in connection with the $127,768.50 shortage in the county treasurer’s office. ‘Those indicted were Frank A. Hoppenjon, former treasurer who resigned Sept. 30 following the suicide of his deputy, Robert A Leist, and ~ Claude Gladden, Scottsburg, and J. E. Crandall, New Albany, Accounts Board field ex- . aminers.

BRANDT RETIRES T0 BACKGROUND

City Works Board Head Says He’s Unconcerned - Over His Successor.

Louis C. Brandt, who for nearly nine years has been one of the most

active members of the City Works Board, “will retire into the background” during the remaining year of membership on the Board, he said today. Mr. Brandt was appointed to the Board in 1930 by Mayor Sullivan, was elected vice president in 1935, served in that position until 1937 and was elected president last January. His appointment to the Board expires Jan. 1, 1940. “The choice of the new Board president,” Mr. Brandt said, “is up to the new Mayor and the new Board. I expect to retire into the background as far as the Board is concerned, but I will continue to work with them in any capacity.”

Carries $3000 Salary

The Works Board presidency carries a salary of $3000 annually. The term of only one Board member expires this year. He is Maurice Tennant, who was “appointed by Mayor Kern in 1935 when the Sanitation Department was combined with the Works Board. His salary is $2900 annually because he is also manager of the City Sanitation plant. Mr. Tennant said he would accept reappointment.

ARMOUR & CO. PLANT ~ GLOSED BY DISPUTE

Management Blames Strike, Union Claims Lockout.

(Other Labor News, Page Seven)"

The Indianapolis Armour &. Co. plant was closed today. The management said leaders of the United Packing House Workers Union, Local 566, called a strike, and James Robb, C. I. O. regional director, said the management had locked out the workers. About 360 workers were affected. Mr. Robb and company offiicals said the dispute started over wages and hours during the last week. Mr. Robb said about 100 workers were discharged when they refused to obey orders to work more than 44 hours without time-and-a-half pay in cash. Company officials said about 75 employees quit because of a dispute over hours. A conference was scheduled for 1 p. m. today and Thomas Hutson, State labor commissioner, said he would send a representative.

BUS OVERTURNS; SCORE ARE HURT

PHILADELPHIA, Dec. 5 (U.P) ~—— About a score of persons were injured, some seriously, when a PanAmerican Bus en route to Miami, Fla., from New York overturned on Roosevelt Blvd. in thick fog early today. The injured were taken to Frankford Hospital, but all but five were permitted to continue their journey after treatment. The fog was believed the worst in Philadelphia in many years. Delaware River ship traffic was halted and only ferries moved at snails pace, their fog horns sounding con-

damaged and was taken in tow.

tinually. All airplanes were grounded. :

A Boy..Just Looking..and Pretending... And Hoping the Dream Will Come True

(Donors’ List, Page 3)

OMETIMES they do not need to ask, “May I be of service to you?” The clerks know.

i

better.

The boy in the jacket cut down from a man’s,

who lingers over a leather jacket

and be warm—he is there among the Christ mas crowds. But he is just looking.

hard to tell.

There are many like him adventuring in the . most dazzling spectacle of all—a labyrinth of

lights and Christmas greens and

tive things—to look at. Someone else will buy. They can get inside without any money. They can hover over the unbelievable in toys. They can look at clothes for children—clothes that are neat and new, that never belonged to Clothes that are warm,

anyone else. J 2 8

HEY can ride the elevators and escalators,” and go up and down the stairways. can spend hours at it, and come back day after day, the enchantment of it always fresh. There _is much they would like—even more. that they

need—but they do not buy.

But they may come and look and pretend. Some of them live close to the downtown section. They have nqt far to go and so need no carfare, even if they are 8 years old. They have three .weeks to watch this carnival, to feel the growing excitement with the swift approach of Christmas—an excitement in which they will not share

campaign, that would fit It isn't to 6 p. m. Here

new and fes- 2. Or if you

apolis Times.” the rest. sorority. mittees. Then They ing gifts. The cost of to $12.

on individual needs,

makes it possible for them to get warmth in adequate clothing for the winter. ”

HE INDIANAPOLIS TIMES Clothe-A-Child

just opened, is the way more

fortunate persons can help The Times has set up headquarters at 206 W. Maryland St. with a staff on duty from 9 a. m.

are the ways you can participate:

1. If you wish to shop with a child personally, call RI-5551 and make an appointment to meet a child at Clothe-A-Child Headquarters.

want The Times to act for you,

mail a check to “Clothe-A-Child, The Indian-

- Experienced shoppers will do

3. Or you can join with others in your office, club, church, sports team, fraternity or Select a treasurer and shopping com-

let us know how many children

your group desires to clothe. The Social Service Department of the Public Schools checks the lists to determine the neediest children and to eliminate duplication of cloth-

outfitting a boy or girl depends The average is from $8

Your gift will mean warmth for chilled bodies, an increase in morale and a step toward a happier life for the underpriviieged children of In-

Telephone RI-5551 and. ask. for. pea =

REPUBLICANS SAY

MANAGER PLAN

Insists, However, Others Must Take Initiative In Movement.

By LOWELL NUSSBAUM

Mayor-elect Reginald H. Sullivan today reaffirmed that he will sup-

movement for Indianapolis if it is initiated by civic leaders. "However, Mr. Sullivan said he would take no active steps himself leading to organization of a City Manager movement, feeling the movement should be initiated by a civic group, such’ as supported’

Iplan a decade ago.

“If they can get the right kind of a law drafted, one that will meet the test, then I'll do all I can to help,” he said. “If I sponsored the movement, I would be accused of playing politics and of wanting to be named City Manager. “I feel that if the plan is pot properly safeguarded, it could produce worse evils than the present system. It is absolutely necessary to get a good start, with every possible safeguard, or it doesn’t improve the situation.”

Prepares to Take Over

Although he will not take office for a month, the Mayor-elect is spending nearly all his time in preparations, winding up affairs at his law office and studyinge the

major appointments he must make. Mr. Sullivan has no specific program mapped out for his second administration, which he indicates will follow the conservative lines of his first term, which ended four years ago. : “I am going to do the same thing I did before—just go along and do things the best way I know how,” he said today. “What I will do in any specific (Continued on Page Four)

NEW REFRIGERATOR PLANT TO HIRE 2000

Stewart-Warner Will Move Chicago Factory Here.

The Stewart-Warner Corp. today announced through the Chamber of Commerce that it will remove its refrigerator manufacturing from Chicago to Indianapolis and eventually will employ about 2000 men. The corporation also produces

duction schedule has been drawn up

for this week which will give 350 employment, the announcement said. The schedule is made on a month-to-month basis. The corporation recently purchased Plant 2 of the Marmon Industrial District. This unit is situated on 21 acres of land at 1000 York St. and contains 550, 000 square feet of floor space, making it one of the largest industrial properties in the city. Donald W. Alexander, plant manager, said the company expects the demand for household appliances to be brisk during the coming year.

CONFESSION CLAIMED IN HATCHET SLAYING

WARREN, O., Dec. 5 (U. P)—A discharged ‘WPA worker allegedly confessed today he had killed his wife with a hatchet in an argument over the family automobile and then with a razor had slashed to death a neighbor whom he blamed for loss of his WPA job Police said they would charge Nick Babich, 54, with first-degree murder “He caused me to lose my WPA OR ” Babich allegedly told

police of the “He’ll never about

. ”

‘|cases was started Friday.

electric ranges here and a pro-|PC

RECOUNT PLE IN COUNTY CAS

Judge Cox Declares He Will Take Steps to Complete Aciton Even If He Has To ‘Finance It Myself.’

COSTS EXCESSIVE?

Claims ‘Many Affidavits Covering Various! ) Kinds of Fraud‘; Asserts ‘Obstacles = Were Placed in Our Path.”

Dismissal of all six remaining Count election recount: cases today brought a statement from Circuit Court Judge: Earl R. Cox, that he will take steps to complete the Tecounty; event if he has to “finance it myself.” The dismissal motions were filed by Julius Travis, ate, . torney for the contesting Republican candidates, on the ground that the recount cost is too high.

SULLIVAN BACKS

Following this action a A

Republican candidates was is= sued at the office of George BR. x Jeffrey. td It charged that the Repilic os lican candidates were forced to dismiss the suits by tacties of their Democratic opponents in seeking to make the costs Vi excessive.

é

Recounting of votes in four of the’ wn taken from the machines in the First and Second Wards were iden= tical with the Canvassing Board figures, recount commissioners Tee :

port a practicable City Manager ported.

Judge Cox criticized the ¢ actions, declaring the Republi candidates ‘had posted Ue guarantee a “definite ne “That undertaking was ineant. be a complete recount, and: he petitioners have failed we ry thi legal pledge to its : o | Sudee Cox said.

‘Public Has Right to Kno# a

“I will find some legal way: ta: make a court order for completion’ of this recount because the has a right to know if there any discrepancies in the. wy originally charged by the defeat Republican candidates. a “I will ask both the Republican: and Democratic county committees if they will agree to finance the re<: count, and if both of them refuse I intend to take steps to finance myself.” : Several legal questions regarding; the costs accumulated in the - Tap count were raised following

cial judges in the cases instructed recount commissioners and the county clerk to assemble statements of costs thus far in the actions and submit Sperm to the court as soon as possible It has been estimated: that ‘the cost for each of the Re=i publican candidates will amount to# several hundred dollars each. No . definite figures on the actual were available today. Recounts had been started in cases of Wilbur Royse vs. Joseph] . Markey for Superior Court 1 j George Jeffrey vs. Herbert M. Sg cer for Superior Court 2 go James Edwin McClure vs. Smiley Chambers for Probate Court judge; and John Schumaker vs. Albert Goepper for County Assessor. . Two other cases in which recounts have not been started but are still’ pending in court are Addison Dowl«: ing vs, Herbert E. Wilson for Sye perior Court 5 judge and Schmidt vs. John Ryan for County Surveyor, : Seven other recount cases involve" ing county offices were dismissed last week. :

Claim Affidavits

ment alleged they have in possession “many affidavits covers ing many kinds of fraud, includ instances where names of sick: sons were written on the voters and votes were unlawfully cast

thought that if we i financed the recount until we had passed the Sixth Wg regularities wotild begin to ap soon afterward. : “There also was a Teeling of surance,” the candidates “that after the recount, we. have proven at the trial of the

(Continued on Page Three)

TIMES FEATURES ON INSIDE PAGES.

Books sesvsesssld Movies. cshvee Broun sssesvasld Mrs, hs a Obituaries « Cross cess} 9 [Pegler ee Curious World 18|Pyle .... torials seeielliGh Questions

In Jane oss + Johnson 3

statement on behalf of thet |

& 2

filing of the dismissal motions. Spe= :