Indianapolis Times, Indianapolis, Marion County, 31 December 1938 — Page 1

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Si Yo enero tbe UE eet

~ y - a

. counts statutes would be unconsti-

‘of its own members.

RING ASKED

6.0.P. PLEA

Erred, Beaten State

New Petition. IDITY IS UNDECIDED

fidates Declare Recheck an Be Independent of Proposed Contest.

‘Raymond E. Willis, defeated Recan Senatorial candidate, and Unsuccessful G. O. P. state ticket : ees, who were prohibited from ng a vote recount in seven ties today asked the Indiana me Court [for a rehearing of ‘cases. petition for a rehearing, filed by Robert D. Armstrong and other R ys for the candidates, claimed upreme Court committed nuerrors in issuing on Dec. 13 quant writ prohibiting the

. candidates in a2 song Vigo, Vanlerburgh, Vermillion, Lake, Frank-

tions that frauds and mistakes were present in the official tabulations. U. 8. Senator VanNuys and other essful Pemcesatio State ticket dates, then petitioned the Sue Court for temporary and per-

ent writs of prohibition to halt;

attempts by the circuit courts [ the seven counties to proceed fh the recounts.

Validity Undecided

e Supreme Court issued these i

writs but| did not decide the question f the constitutionality e State’s' recount acts of 1881 1021. { The court held that a ; for State and Senatorial

[r. Armstrong’s 33-page petition Claimed the following grounds for g:

ower = the Indiana gives it the power to}

Jovernor or Lieutenant Gov- ] its awn embers

has no such ihe

nts can be made inde- ; proposed election contests, tention denied in the Supreme on, Since the contents of the Acts 881 and 1921 are plain, the SuCourt erred in placing a consion n these statutes. 9. portion of the Supreme Court's Hpi id

al if these acts could be inrpreted as authorizing recounts on te races in separate counties, is

precedent on this point, recount procedure is an sel art of the election manery ofthe State, and “is an aid the U. S. Senate in judging the ‘elections, returns and qualifications The Senate, ore, is entitled to have all of the fmetions of the State exer-

. Contest vs. Recount

~ Contending that a contest prois separate [from a recount roc g, the petition said that le Supreme Court was wrong in regarding them as a unified action. Democrats objected to efforts of Republican candidates to se- - recounts because a recheck sought only in specific counties not throughout the entire state. point the petition said: usly, however, there is ne in the nature of things why should be any recount of the 0 ies where fraud mistake is not alleged, ‘merely juse fraud or mistake is alleged her counties. | he counting and canvassing qn only seven counties have ty of fraud or have made 5, why. should it be necessary gn the integrity or effi- ' the boards in all the other lies? must all be smeared if only are guilty? If a man has apitis all he needs is to have his nd removed. | It is not neces“to remove and replace all of his

8 expense of making a recount Nn counties is enormous. The of conducting a recount is unties would be beyond: the of any candidate or of any

. Coton Vigo Bid

man, today had accepted ilonally—an invitation by unty Prosecutor Leonard P. testify before the Grand i alleged election frauds, and .own terms,

: FORECAST: Fair and warmer tonight; tomorrow fair and colder ; lowest tonight about 25; Monday fair with rising temperature.

FOR ‘WHOOPEE

Prepares Madcap Climax For 1938 as Business Perks Up.

CHICAGO, Dec. 31 ((U. P.).— Midwesterners, riding the crest of seasonal prosperity and hopeful of continued upward trends -for business in 1939, prepared today for a madcap climax to 1938. | Business leaders and farmers generally welcomed its end.| December for the most part was a favorable business month but as the year ended heavy selling halted a sevenday advance in wheat, corn was easier and store sales dropped in a post-Christmas slump. The Bureau of Agricultural Economics, however, reported a favorable outlook for grain and livestock farmers. Regardless of the business outlook, Chicago, Des Moines, St. Louis, Minneapolis and Indianapolis hotels were set for one of their biggest New Year whirls since 1929. Chicago’s “Loop” hotels reported scllouts at prices ranging from $5 to $25 per head. Cover charges at outlying hot spots ranged from $1 to $10. Police estimated that 500,000 persons would flock into the “Loop” at midnight to greet the New Year. Chicago society abandoned formal celebrations in favor of informal “watch parties.”

World’s Fair Lends

Hand in New York

NEW YORK, Dec. 31 (U. P.).— The city teemed today with preparations for ushering in the New Year with the most riotous celebration in 10 years. Signs of new prosperity were reflected in skyrocketing prices at hotels and night clubs, in an in(Continuéd on Page Two)

FAIR AND WARMER FORECAST FOR CITY

: Hower, It May Be Colder

Tomorrow.

HOURLY TEMPERATURES

‘7 a.m 19 8am... 21 9a m... 24 10 a. m... 29 11 a. m... 36 12 (Noon). 39

Kincade had not yet|*

whether the Bobbitt eer to him,

warmer weather was

forecast for tonight by the Weather | Bureau, and fair and colder weather

denied he would make for the. first day of the new year,

prevent Senator Van- |

The low last night was 16. Mon-

«Yast year: tie made: the headlifes: sates yen the art fines. Shes ‘Phyllis Frankhouse, R. RI 2.

MIDWEST SET

Tr New Year! Saas Phyllis .

starion, was the 4

The meeting, in the nature of throughout the day.

similes are not acceptable.)

the foundation for the resolution things resolved against- come in knows which came first.

home filled with guests.

against.

s s 2

tioning resolutions committee.

hotels and clubs,

8 H 2

ward the United States.

Tomorrow You Make I fe And Then You You Break It

By JOE COLLIER OMORROW the entire population of Indianapolis will resolve itself into a Committee of the Whole on Resolutions.

a copy of a resolution or a reasonable facsimile.

never to establish such a foundation again.

‘SATURDAY, DECEMBER 31, 1988

EDWARD GREEN ‘DIES OF AUTO

Times Photo.

r | Box 214V;-Read 53, who, born 48 secbnds after 1938

County’s fash Siig ot Sie. year,

an annual convention, will be held

To be admitted, one must present a resolution,

(Unreasonable fac-

Resolutions deal mostly with personal things, publicly expressed. Vows sealing the resolutions are of a special wear-ever variety that have been known to last the day out. In general, the program calls for the establishment tonight. of

which ‘will be in effect a promise Resolutions and the

pairs and always have. Nobody

Foundations usually are constructed in public or in the semiprivacy of one’s own home, filled with guests, or some one else’s Everyone expecting resolution way-pavers is busy with preparations right now. It takes a long time and great thought to devise a party that eventually will have to be resolved

HERE is no literature on the history of the resolution as a New

Year’s matter of business. It is known that conventions have taken up the custom and never think-of meeting without a func-

Practically all downtown and suburban restaurants, taverns, public and private have made elaborate preparations for the mR tonight, which include the hiding of more valuable pieces of destructive furniture and appurtenances, the provision of swing and other music, and the availability of adequate quantities of resolution foundation builder. The State Excise Depsrtment has ruled that those celebrating in public places must give up at 2 a. m. In effect it say's that if they haven’t established a basis for a resolution by that hour they aren’t trying and ought to go home.

New Year, Already Born on Island, Races to U. S. at 1000 Miles an Hour

WELLINGTON, New Zealand, Jan. 1, 1939 (U. P.).—The New Year was born today in the lonely Chatham Island 414 miles southeast of New Zealand, and raced westward at 1000 miles an hour to-

Some 200 shepherds and fishermen in the islands celebrated the arrival of 1939, and in accordance with proud tradition the bell of the little church on Hanson Island was pealed as clocks in the Eastern Time Zone in the United States pointed to 7 a. m. The Chatham Islands have the honor of welcoming the New Year at its birth because they are the nearest land points to the British Admiralty Date Line from which time zones are marked throughout the world. $The line curves east and west of the 180th Meridian .of Longitude so that it lies always in the ocean.

STUDENTS FAVOR

LAFAYETTE, Dec. 31 (U. P).— College students attending the Congress of the National! Student Federation of America today had gone on record in favor of an adequate national defense end a “gi neighbor policy.” The resolutions were mace here| yesterday in a .1938-39 peacz platform. The peace committee said a majority of the’ students favored

‘ | President Roosevelt's rearmament

program and urged a halt to shipments of arms and granting of loans to Japan.

,MISS SHEPPARD MAKES BOW WASHINGTON, Dec. 31 (U. P.).— Miss Lucille Sheppard, daughter of Senator and Mrs. Morris Sheppard of Texas, made her formal bow to Washington. society: last night at a swanky party attended by Miss Eleanor Roosevelt, who made her

g 1 e oath of office day, the Buran reported, will be Threc) ie

' fair ig j

Tsing temperatures,

own debut at the ‘White House: ass Tuesday:

ADEQUATE DEFENSE |

SULLIVAN SWORN IN, FILLS CITY OFFICES

New County Roster Also Nears Completion.

(Photos, Page Three)

As City, County mty and State off-cials-elect prepared to assume their new duties tomorrow, arf additional flood of appointments. was announced today. Mayor-elect Sullivan brought his official staff, which was inaugurated ‘this afternoon, near completion with the naming of seven appointees, including two Works Board members.

Dewey E. Myers, Criminal Court Ir. selected eight members of his staff. New Court House officials will be inaugurated formally at 10 a. m. Monday. Mesnwnle. Governor Townsend

WIFE, SISTER ARE HURT

j | Capitol Ave.

SENATORS LEAD

Merchant’s Car Collides With Another in RushHour Traffic.

Firm Official Came Here Over 30 Years Ago; Civic Leader.

Edward H. Green, 4352 Broadway, treasurer of the People’s Outfitting Co., died at the Methodist Hospital early today following a spectacular accident in rush hour traffic yesterday at 43d St. and Washington Blvd.

Mr, Green’s death increased the City traffic fatality toll for the year to 77. On the last day of 1937 the year’s. traffic toll was 101. Five other persons, including Mrs. Green, were seriously injured, three seriously, in the fatal crash. Sixteen other accidents, three involving pedestrians and one a. 17-year-old bicycle rider caused injuries to 15 other persons during the last 24 hours.

Chauffeur at Wheel

Mr. Green’s car was being driven east on 43d St. across Washington Blvd. by the family chauffeur, Solomon Bailey, Negro, 62, of 2123 N.

The chauffeur had stopped at the preferential intersection before starting across the boulevard, he told . police. | The other car, which witnesses told police was traveling at a high rate of speed south on Washington Blvd. struck the Green car. The second auto was driven by Jack Kirby, 17, of 655 N. Rural St. police said. ; Mr. Green, his wife and Mrs. Florence Snewind, her sister, were thrown from the caf. All suffered head injuries. The chauffeur was reported to be suffering internal injuries at Methodist Hospital. The driver of the other car and his companion, Joseph Rolles, 18, of 3895 Washington Blvd, Were treated for severe lacerations and bruises The ‘crash tied up traffic at the intersection for nearly ah hour and (Continued on Page Three)

NUTT BOOM

VanNuys and Minton Pledge Support; State Unity Claimed.

WASHINGTON, Dec. 31 (U. PJ). —Indiana’s senators, Sherman .Jinton and Frederick VanNuys, said today that they would lead a campaign to make Pdul V. McNutt, High Commissioner of the Philippine Islands, the Democratic candidate for President in 1940. Senator Minton, who has ‘ranked high among ardent New Dealers, said that he would “actively support and assist” a McNutt-for-President boom. Mr. VanNuys said that all Indiana is united in support of McNutt’s candidacy. The boom for McNutt has been somewhat latent since the commissioner returned to the Philippines last summer. But Frank McHale, Indiana National Committeeman and perennial McNutt “campaign manager,” announced that the cam-

. Entered as Second-Class at Postoffice. Indianapo!

Even Should Nazis Make Break.

COOLNESS

Control Foreign Policy Here.

A high Administration official said || today that the United States would remain cool, diplomatically, toward Germany until present Nazi Policies | are tempered gnd discriminations against American trade and commerce ended. The statement made in Berlin ||

yesterday by the Government-con-trolled DNB New Agency, saying||

United States relations is futile in to Germany’s protest against the

regarded as an official reply.

BERLIN, Dec. 31 (U. P.)— . Persistent reports in the Wilhelmstrasse today said that Hans Thomsen, German . charge d’affaires at Washington, would be recalled. Germany would leave only the form of diplomatic representation, it was said, but would not break off relations.

However, it was believed that the DNB statement was an accurate reflection of Germany’s attitude, and} that the result would be a diplo-

try receding from its position. .... German-American relations were brought to the breaking point last week when the State Department | refused to:accept a formal protest ||

(Continued on Page Two)

BOY, 14, WINNING IN HIS FIGHT FOR LIFE]

. CHICAGO, Dec. 31 (U. P.)—Raymond Potter, 14, appeared today to have won a 25-day battle against staphylococcus meningitis, a rare disease usually fatal within 48 hours

and which only 11 persons have been known to survive.

was blood donated by volunteers who recovered from other forms of staphylococcus infections. Its apparent success may be the solution to medical science’s fight against staphylococcus meningitis— an infection which travels through the blood and attacks the bones and meninges, or brain envelope. Dr. Luther M. Lorande, attending physician, said the boy is still] ill, but that he is out of danger,

BURNED IN EXPLOSION Archer C. Donaldson, 50, of 628 N. Olin Ave., was recovering today from burns suffered last night oe a coal oil lamp exploded. He was attempting to fill the lamp at the time, police said. Police gave him first aid and he was rushed to t

paign would start in earnest shortly after the first of the year.

(Other National Affairs, Page Three)

WASHINGTON, Dec 31 (U. P).— Attorney General Cummings revived memories of President Roosevelt’s unsuccessful Judiciary Reorganization Bill today by suggesting a Constitutional amendment requiring retirement of all Federal Judges at 70 Joan ‘of age. - -

Was _— in Oummia al report of th Justice Department. ‘It y habe will be his last official report to the President because of his resignation which President Roosevelt revealed today would become effective at noon Monday. Mr. Cummings previously had notified the President of his intention to retire in January, but the date had not been set. Mr. Roosevelt is expected to name the new A r General before or shortly after convenes on Tuesday, the day after Mr. Cump tion eo effec~ tive. Governor

Murphy of Michigan and Solicitor General Robert Jack-

possibilities for the post. In addition to compulsory retirement of judges, he urged Congress

trict court judgships and to create a new administrative office for all Federal courts. The _ ill-fated Court Reorganization Bill, defoated by the last Con-

gress split the Detaoators Party, would have given the President power to appoint an additional justice to any Federal Court, including the Su-

not retire of 70. It

preme Court, if a sitting judge did upon reaching the ae

son are regarded as the outstanding | mings.

to establish 13 new circuit and dis-|port

prolonged debate that|:

SEEN]

Berlin Repeats J ews|

WASHINGTON, Dec. 31 (U.P.)—

“hope of improvement in German- || view of the United States reaction ||

speech of Secretary Ickes,” was not ||

matic stalemate with neither coun- |.

against Interior Secretary Ickes’|

The mainstay of his treatment|

/| his career.

[the Daily News to be in a villa at

Mater

AND

U. S. DIPLOMATIC CHINA PARLEY SL

F. D. R. to Stand Firm i

FOREIGN SITUATION | TOKYO—U. S. flatly rejects | Japan’s claims in China. | WASHINGTON — Next diplomatic move up to Germany. ® ” 8

HINTS GOEBBELS CAREER PERILED

New York Paper Says Hitler Prevented Divorce Proceedings.

(Photo, Page Two)

By United Press | The New York Daily News reported today in a copyrighted Cispatch from Basle, Switzerland, that Nazi Propaganda Minister Paul Joseph Goebbels feared his public career might be at an end as the result of stories published in. the United States, London and Paris, that he had been beaten by friends|j of the actress, Lida Basrova. | It said he had had a. “nervous reakdown” when he learned of the publicity. | Correspondents at Berlin were unable to confirm this dispatch or

had been beaten, and usually well informed German circles said both were without foundation. | Chancellor Hitler has forbidden r. Goebbels’ wife to leave Geray ‘or to make an public statements, according to the Daily Jews, which added t Mrs. Goebbels had planned to go to Deamark for a divorce. The London: Daily Mirror said today in a special dispatch that Nazi lofficials had virtually abandoned the “pretense” that Dr. Goebbels’ confinement was caused by in‘testinal influenza, as was first reported officially, and that Dr. Goebbels, already bedridden from

he learned of the publicity the affair was receiving abroad. The|Ea Mirror said Dr. Goebbels asked Foreign Minister Joachim von Ribbentrop to issue an official denial

Ribbentrop had declined. Arrests Reported The Daily News said that at least six actors and actresses, friends of Fraulein Baarova and her actor husband, Gustav Proelich, had been hseized and that others were hunted in connection with the beating, which the News said resulted from Dr. Goebbels’ alleged love-making. The story described Herr Hitler as being irate over the threatened public scandal and said that Dr. Goebbels “had reason” to fear for

Fraulein Baarova was reported by

Wannsee, near Berlin, awaiting the outcome of the case. Authorities in Berlin announced that Dr. Goebbels had sufficiently recovered from influenza to make his usual year-end radio address from his home at 3 p. m. (Indian-

Veterans Hospital for further trea ment.

Cummings Urges Amendment for Retiring Federal Judge

administrator similar to the one ie gested by Mr. Cummings. “Former President Taft asserted that the failure of the Constitution to provide for the compulsory = tirement of Federal judges at ti age of 70 was a defect which should be remedied,” Mr. Cummings said in his report. “This view is held a large number of eminent j and lawyers. It is also, I believe, in e|accord with the majority opinion of our people.” Mr. Cummings said the compulsory retirement regulation sho apply only to judges appointed af enactment of the law. Some statutory provision, he said, also should be provided for voluntary retirement of judges disabled bef! reaching 70. ~ Attorney General Cummings a supporter of Mr. Roosevelt’s plan Of two Years seu, Bui many of ts opponents contended that if retirement of aged judges was a need it Constitutional amendment — ] method now proposed by Mr. Cum-

that the need for addi judges was “urgent.” - He reiterated an earlier plea for an administrative officer “to d his entire time to supervision of administrative Side of the co

s at Age of 70

| probation officers by the attorney

.| poses to rely on the defense of alibi

0S ee Lay allnsu ws Federal

apolis Time) today.

He suggested that the court administrator be appointed by the Supreme Court and act under supervision of the Chief Justice. The President’s reorganization bill provided that the administrator be in he. Justice Department. In addition to recommendations y | of compulsory retirement, additional ? | udges in the lower courts, and an administrative officer, Mr. Cummings summarized his other proposals involving legislative action as follows: Power for the Supreme Court to regulate by rule pleading, practice, and procedure in criminal cases prior to verdict or plea of guilty. Provision for the appointment of

general instead of the courts. Permission for appeals to be taken by defendants from sentences imposed in criminal cases on ground they are excessive. Establishment of a system of public defenders in the Federal Courts. Placement of pistols and revolvers under the National Firearms Act, thus requiring registration of all such weapons, Permission for the United States to be sued in tort. Permission for a defeadant to waive nelietment by grand jury and to consent to prosecution by information. To require a defendant who pro-

to notify the prosecution kefore the Jurisdiction for U. 8. coramission-

a previous one that Dr. Goebbels | nrissi

the beating, had had a relapse when|

REBUFFK

GGESTE

America Reserves Al Rights, Grew Tells Tokyo. 3

NOTE Nippon’s Arg ument of

Changed Conditions’: Overruled.

DELIVERS

(Text, Page 16)

4 TOKYO, Dec. 31 (U. P.)—~The United States today rejected Japan i program for a J panese-dictated. “new order” in China and at the same time offered join in an ine ternational conference to discuss: China’s future. American Ambgssador Joseph Clark Grew delivered the note in which the United | States Depari= ment emphatically] expressed the views of the American Government on the present diplomatic situation. The note was a [rejection of the “new order” program which Ja; : outlined Nov. 18 in reply to a United States demand for) maintenance the Open Door poli It came at a pal come moment imm revelation that who until the sta

had broken with Chiang Kai-shek

Chinese sources at Cane, Gen. Chiang’s temporary sapiial fo

bombs on the Hospital and the ion.

based on the “ +oe.in the £ situation fast dev oping in Asia any aftémipt £0 apply to ¢ tions of today

applicable ideas of the past wo neither contribute toward the estabs

by the United States of the sanctity of treaties.

3, pasar that the United States was cognizant of changed rH

of the rumors and that Baron Von |i

lems, that is, se action of one nation without re, to others. : 4. Reminded Japan: that in past situations such as that which has arisen in China were settled through consulta 5. Asserted the readiness of ig

to consider the

national conferenc Chinese problem.

“Meanwhile.” the note said, “i Government reserves all rights ¢

of any of those rig “The people and the Government

of the United States could not sent. to the establishment, at instance of and fi poses of any third country, of regime which would arbitrarily deprive them of the long-established rights of equal opportunity and fa treatment which are legally justly theirs along with those ¢ other nations.”

uality of oppors tunity, which have long a

to nullification firmation .. .

former Premier a statement iss agents in Hongk peace negotiations The same ne New Year statem: eign Minister Ari was going to end Orient was a colg capitalistic count; Mitsumasa Yonai, Navy Ministe said it was imperative that Japan insure command of the Wests Pacific,

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