Indianapolis Times, Indianapolis, Marion County, 30 January 1939 — Page 1

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FORECAST: Snow and colder tonight, with owas longest 20 to 25; fair tomorrow.

FINAL HOME |

| SCR PPS — HOWARD |

Bench Divides 5

McReynolds Dissent.

FRANKFURTER TAKES HIS OATH,

Morley Mail Fraud Conviction Here Upheld; Reargument Ordered in Child Labor Amendment Challenges.

WASHINGTON, Jan. 30

today dismissed a major suit by private utilities against the Tennessee Valley Authority without ruling specifically on the basic constitutional issues involved in the power pro--gram of the vast New Deal agency.

The action, brought by

utilities in the TVA area, was dismissed on the technical grounds that the private firms were without legal justification for maintaining their suit.

The decision was read by Associate Justice Owen J. Roberts on behalf of a 5-2 Court a few minutes after President Roosevelt's third Supreme Court appointee,

Felix Frankfurter, was sworn in. In other important decisions to= day, the Court: Ordered reargument of two challenges to the status of the Child Labor Amendment to the Federal Constitution. Ordéred reargument of the Government’s appeal from an order for immediate distribution of $586,000 livestock commission fees impounded during the protracted Kansas City livestock rates litigation. | se ~ It was thought "possible ‘that ihe court might have been divided on the two cases; possibly 4 to 4. By ordering reargument it is assumed that Justice Frankfurter will participate in the decisions. Refusal to study the highly controversial ‘issue of co-operative medicine by denying the petition of Pacific Health Corp. Inc. for review of California Court decisions banning its operations. Ruled that the National Bituminous Coal Commission may make publiz sales and production cost data submitted by coal companies as confidential.

Denied the petition of former|

Governor Clarence J. Morley of Colorado for a review of the Seventh Circuit Court of Appeals decision affirming his conviction on mail fraud charges in connection with operations of Clarence J. Morley & Co., Ing, Indianapolis. Morley contended his conviction was invalid because of trial court rulings on admissability of certain evidence, and on grounds that the evidence of his guilt was not sufficient to warrant even giving the case to the jury. Upheld 'constitutionality of 1935 Federal Tobacco Inspecion Act.

Avoids Specific Ruling

While avoiding a ruling on the basic constitutionality of TVA, the high Court appeared to raise several cbstacles against future legal efforts to obtain a decision on those fundamental issues.

The Court held that the utilities could not show illegal competition and damages as a result of TVA operations. The decision was the second in which, TVA questions came before the jurists. In the first TVA case the Court also confined its ruling to a narrow sphere—upholding the right of the Government to operate the huge Muscle Shoals dam and power plant but declining to go into ‘any other Constitutional questions. Associate Justice Pierce Butler dissented from today’s decision and was joined by Associate ‘Justice James C. McReynolds. Mr. Justice Butler contended that the utilities had legal standing to bring their suit and that the action should have been decided on its merits.

Justice Brandeis Absent

Joining Mr. Justice Roberts in the majority decision were Chief Justice Charles Evans Hughes, and Associate Justices Louis D. Brandeis, Harlan F. Stone and Hugo L. Black. Justice Stanley Reed did not participate in the case and the ninth court seat was vacant when the suit was ‘heard. Mr. Justice Brandeis, who has been ill, was not present at today’s session. The majority opinion examined the contention of the private utilities that the Government was il- . legally competing ‘ with them and | held that that argument.could not be sustained because the utilities | did not have any monoply on distribution of electric power in the area which they serve. | Mr. Justice Butlers dissent took direct issue with the Feasoning of the majority. “The decision just "announced goes too far,” Mr. Justice Butler said. “It excludes from the courts complainants seeking constitutional protection of their property against defendants acting, as it is alleged, ‘under invalid claim of governmental

VOLUME 50—NUMBER 278

| SUPREME COURT - DISMISSES SUIT AGAINST TVA

Justice. Roberts Reads Majority Decision: as

to 2: Butler and

(U. P.) ~The Supreme Court

a group of Southern private

VOTES AUTO TAG “GRACE PERIOD

LEGISLATURE TODAY

HOUSE

Public Morals Committee studies resolution to investigate teaching methods and textbook contents (Page Two). Passes bill to provide 60day “grace period” for license plate sales. Awaits introduction of a bill to reorganize the State Highway Commission. Plans debate on Senate nepotism resolution. Ways and Means Committee indicates appropriation measures have little chance of - passage. SENATE

Awaits debate on election reform measures. Prepares to discuss the State’s direct relief problems resulting from a Congressional cut in WPA. Considers on second reading - bills dealing with notaries publics and candidates petitions. Awaits committec report on bill to “liberalize” the Workmen’s Compensation Act.

The House of Representatives today voted 87 to 1 to provide Indiana motorists with a 60-day “grace ‘period” for the purchase of automobile license plates.

A bill with similar’provisions was passed by the Senate last week and is ns consideration by the House:< Today’s House bill will go to the Senate.

. Under ‘its provisions motorists could use either old or new plates from Jan. 1 to March 1, thereby giving statutory authorization to a practice followed by the Governor during recent years in granting extensions by executive order. While the House reconvened this morning following the week-end recess, the Senate waited until 1 p. m. to return to session. Chief measures being prepared for introduction in the Legislature would give township trustees a voice in the administration of the public welfare program. Concerned over Congressional action in reducing appropriations for the Works Progress Administration, legislators said that if the Federal work relief rolls in Indiana were cut 15,000 persons the State would be saddled with an additional $5,000,000 annual direct relief load. Discuss Proposed Increase Leaders of both parties discussed prospects that the new biennial appropriation bill would call for nearly five million dollars more than the 81 million dollars appropriated to pay State government expenses for the last two years. In conferences with legislators this week, Governor Townsend is expected to explain the State’s financial situation. Republican Representatives, who are in control of the House, may be invited to. these meetings. - Continuing as storm centers of controversy were the Republican liquor bill and the measure to ex(Continued on Page Seven)

NINE TRUE BILLS NAME 12

BLIZZARD HITS

Roads Blocked in Northern Part of State; 10 Die In Chicago Area.

WEATHER AT A GLANCE ; EIGHT TO 24 INCHES of snow blanket northern Indiana; roads blocked.

~ STORM awaited in Indianapolis; planes grounded; two inches of rain fall CHICAGO reports 10 dead; ' three “El” crashes blamed on snow.

TEMPERATURES 6am... 37 113 m... 36 7 a. m.... 36 12 (Noon).. 3% 8 a. m.... 36 1p m... 36 9a m... 36 2p m... 34 | 10 a. m.... 36

A blizzard that already has halted auto traffic in. the Dune Park area of northern Indiana, Illinois and southern Michigan swept toward Indianapolis this afternoon with dimishing force. Chicago, hardest hit, reported 10 deaths. The Weather Bureau predicted the storm might arrive any time before dark here, and would continue until about the middle of the night. Tomorrow will be fair, the Bureau forecast. Chicago schools were closed and three elevated train accidents there were attributed to the snow. The storm early this afternoon centered over the Ft. Wayne and La Porte areas where snow 8 to 24 inches decp was reported. In the Ft. Wayne area the snow and rain combined to halt.even the crews attempting to clear the highways for traffic.

Planes Here Halted

because pupils and teachers could not get through drifts to attend. Ft. Wayne streetcars ran double through some areas In order to plow through snow banks. Bus lines announced they had abandoned schedules in the area. No planes were scheduled in or out of Muncipall Airport here. More than two inches of rain fell on Indianapolis in the last 48 hours and last night the wind howled through-the city.‘ Femperatures here may go as low as 20 tonight, but J. H. Armington, meteorologist, said he did not expect snows as heavy as in the northern section of the | State. No property damage was reported to police here. Meanwhile, four southern Indiana roads were inundated and closed to traffic by heavy rains last night.

in the State and no State deaths were attributed to the blizzard. : 18-24 Inches at La Porte The La Porte district reported 18 to 24 inches of snow in the north part and that the following roads are closed: 20 east of Gary; 41 in and north of Hammond and south of Cook: 152 west of Crown Point. The fecllowing roads still were open, but they were drifted: 20 from Michigan City to South Bend; 30 east of Valparaiso; 31 north of South Bend. Eight to 12 inches of snow were reported in the Ft. Wayne district where all roads north of U. S. 6 are closed together with U. S. 33 north of Ft. Wayne; 102, and 5 north and south of 30. Four to six inches of snow was reported in the southern

ing roads were ‘closed: 205 northeast of Columbia City; 13 south of 39; 18 north and south of 30; and the following drifting and likely to be closed, 25 southwest of Warsaw and 105 south of South Whitely. The following roads in southern Indiana were reported closed because of high water: 64 east of Huntingburg: 145 south of French Lick; 162 southeast of Jasper; 245 near Lamar; 56 in French Lick and 57 near Buckskin. :

Deaths Mount as Storms Sweep Eastern U. S.

By United Press Snow, sleet and electrical storms whipped by high winds harassed most of the Eastern half of the nation today, killing and injuring scores and ‘delaying transportation and communication. | Chicago’s worst blizzard in eight years caused 10 deaths and resulted in three elevated railroad crashes that injured upward of 23 persons.

from exhaustion and exposure. Two were killed when an automobile crashed into a train. ?

Two of the “El” accidents oc-

fecurred on the West Side and the

(Continued on Page Three)

Many schools there were closed

No serious accidents were reported

Ft. Wayne district and the follow-j -

~Eight Chicago deaths resulted

‘MONDAY, JANUARY 30, 1039

ACCUSED JUDGE ‘REPORTED ‘OUT’

Resigns u. S. Bench a Charges of Money-Taking, ~ Sumners Says.

WASHINGTON, Jan. 30 (U. P.) — Chairman Hatton W. Sumners (D. Tex.), of the House Judiciary Com-

mittee, said today that U. 8. Circuit Judge Martin T. Manton of New

Reporters attempted to see Manton in his chambers today but were told by his secretary that “it's useless for you to wait, gentlemen; the judge will have nothing to say.” Rep. Sumners made the announcement shortly after he had revealed that his committee would begin tomorrow a preliminary study of charges against the New York jurist made by District Attorney Thomas E. Dewey. “ Rep. - Sumners refused to reveal the sources from which he learned of the resignation. But he said the information came “from so many sources that I know it’s official.”

“Received Sums of Money”

Rep. Sumners said Manton’s resignation would preclude any action by the House Judiciary Committee, the legislative body which sits as a “grand jury” to consider charges against Federal judicial officers. Mr. Dewey, in a letter to Rep. Sumners, charged that Manton received sums of money from individuals or corporations acting for individuals or corporations interestéd in matters handled by Manton’s court. Mr. Dewey offered to appear before the Judiciary Committee to substantiate his allegations. Mr. Dewey's letter followed the beginning of a series of articles in the New York World-Telegram, a Scripps-Howard . newspaper, concerning Manton’s business and judicial activities. Manton, senior judge of the New York Circuit, was named a district judge in 1916 by President Wilson, apd yas raised to the Circuit Court in

Dewey Links U.S. Judge To Litigants’ Money

"NEW YORK, Jan. 30 (U. P).— District Attorney Thoinas E. Dewey, in a letter which he said he had (Continued on Page Two)

Nine indictments naming {2 persons were returned in the first ! partial report of the new 1939 Grand Jury today. The names of those indicted were withheld pend- | ing arrests.

TIMES FEATURES ON INSIDE PAGES

Books .

9 15! Mrs. Roosevelt 9

Jane Jordan. . 8 fitate Deaths. 12

One Dead in 8 Others Ki

One man was killed in weekend Indianapolis traffic =~ while eight others died in the State, four of them in an auto-train crash at Muncie. Thirteen other "persons were injured in 46 accidents in the City. Police made 49 arrests. Patrick J. Troy, 66, of . 541 .W, Merrill st. died in City Hospital yesterday of injuries received Saturday when a car in which he was riding crashed into-a safety * zone standard at Washington and California Sts. His son, Charles, 38, also in the car, was in a critical condition .in|, City Hospital. Mr. Troy was born in Lafayette!" and for more than 25 years was an

Traffic Here; lled in State

ber of St. John’s Catholic Church

at 9 a. m. Wetinesday with burial in Holy Cross Cemetery. He is survived by his injured son and five others; John, Walter, Joseph, James and Daniel, and a daughter, Mrs. Charles Malee. ‘Mr. Troy was the third Indianapolis traffic death victim this year. Anthony A. Stuppy, 48, of 756 N. Tremont Ave. was in a critical condition in City Hospital with injuries received when he was struck ‘by a car at Belle Vieu Place and St. Clair 5 last night.

; By United. Press or t persons met violent death in automobil ts on streets and |1

James Montgomery Flagg, New York artist, presents President Roosevelt with the first campaign

York has submitted his resignation.

and funeral’ Sonyives gre to be there

F or Sake of Crippled Children... is

| DUNES, SWEEPS § DOWN ON CITY 8

eampaign,

. 3 ’ W i Entered as Second-Class. Matter Indianapo.'s, Ind.

HITL

at Postoiaice,

Times-Acme Ph i

‘poster Mr. Flagg painted for the infantile paralysi

City and Nation ‘Dance To Aid Paralysis Fight

BR cident on Air Toright at

10:30; 57th Birthday Spent Quietly.

WASHINGTON, Jan. 30 (U. P). re Americans will dance tonight to help

100 Parties Are Scheduled ln State, 191 in County

ancther

President Roosevelt celebrate his. - .

57th birthday and raise more than one million dollars for the fight against infantile paralysis.

At more than 10,000 balls, te be held in virtually every city and town, the nation will celebrate and contribute to the antiparalysis camvaign. Stage and screen stars will join Mrs.. Roosevelt at seven hotels here in the Washington celebration. The President, who will address the thousands of celebrants by radio at 10:30 p. m. (Indianapolis Time), spent a quiet day, interrupting his routine only to ‘attend a White House birthday dinner with the “Cuff Link Gang a group of longstanding friends.

Friends of Navy ‘Days

~The: “Cuff Link Gang” is- made up of persons associated. with Mr. Roosevelt during his service as Assistant Secretary of the Navy. They wear gold cuff links given them by the Chief Executive. | The President’s birthday cake will bear only 21:-candles in keeping with a Roosevelt family tradition. The President stayed) in his White House quarters instead of going to the executive offices. - He had no appointments except a morning conference with his legislative leaders for their weekly report on: developments. The holiday schedule called for the President and Mrs; Roosevelt to entertain at luncheon | a group of friends and the movie and radio stars here for the ‘celebration. Stars of the dramatic world who wily participate in the ‘Capitals festivities include Andrew Leeds, Eleanor Powell, Mitzi Green, George Brent, Jean Hersholt, Ralph Bellamy, Luise Rainer, Errol Flynn, Lili Damita and Paul Whiteman. At ‘Command’ Benefit . The President and Mrs. Roosevelt attended a “command” benefit performance of “Outward Bound” at a Washington theater last night to inaugurate the - birthday celebration. ' It was the: third appearance

.|of the :President at a local theater since he came to the White House

in 1933. Officials expected the paralysis].

drive to exceed last year’s fund of

$1,010,000. Mr. Roosevelt, -who | suffered an attack of infantile paralysis as ~a comparatively young man, inaugu-|. rated the “birthday balls” in 1934 to ‘raise’ money to provide facilities for caring for victims of the disease and for research looking toward its prevention,

YEATS, IRISH ROET- 3 IS DEAD IN FRANCE

MENTONE, France, Jan.. 30° (U. P.) —William Butler Yeats, 73, Irish poet and playwright, died at a resort on the Riviera near here on Satur-

day. He had come to the Riviera to ] a

recuperate from a series of heart attacks. Mr. Yeats was leader of the Irish literary “renaissance” uring the two decades. He

Indiana chapters of the national organization to combat infantile paralysis will sponsor more than 400 dances, card parties, community gatherings and sports events - tonight, - o Nineteen President’s Birthday Balls and parties will be held in Marion County, including eight in Indianapolis. : Fifty per cent of the proceeds is to be retained by the Marion County committee. The other half will go to the.National Foundation for Infantile Paralysis, which in. turn makes grants each year to the James Whitcomb Riley Ho: spital here. “An invitational event will be held at the Marott Hotel.: Georgz J. Marott will bear all expepses. Seventy per cent of the projeeds will be retained locally. Of that amount 30 per cent will go to: the Riley Hospital, 30 per cent to the City Hospital and 10 per cent to the James E. Roberts School for Crippled Children. » =

‘Gold’ Tickets Available |

Governor and Mrs. Towr end, Mayor Sullivan and members ¢ | the executive committee for the campaign, will attend a dinner a‘ the hotel and then visit the various balls. “Gold” tickets, selling for $5, may be purchased which are good for any of the events with the exce] tion of the Marott invitational, Dances are to be held as follows: Ball and entertainment, at I/{urat Temple Egyptian Room, 9 p. m. Admission, $1 per person. ‘Ball and entertainment spor. sored by Indianapolis Central Labor Union at Athenaeum, 9 p. m. “Admission $1 per person. Ball and floor show sponsored by Elks. Lodge No. 13 and K. of C. at Antlers Hotel, 10 p. m. Admission $1 per person. ‘Ball and floor show sponsored by South Side Turners at South Side Turners Hall. Admission 50 cents per rsQn. ] Military ball and’ "reception ~ for ig.» Gen. Dana T. Merrill, com-

der, Ft. Benjamin Harrison, at

New Naval Armory. $1.25 a person.

" One Held Saturday Ball and entertainment spo’ sored

Adnission

by the Syrian-American Lebanon

Brotherhood at 2245 Riversice Drive. Admission 50 cents per person, Ball sponsored by joint Negro organizations of Indianapolis at Walker Casino. Admission 50 cents per person. One ball was held by the Indianapolis Saengerbund Inc, Seturday night. Other county events include: Card party and’ entertainment at Warren Central High School. A series of basketball gam is and

School. A basketball game at Wes’ Newton between Decatur Centr:l and

dance at Beech Grove High

PRICE THREE CENTS

HITLER WARNS "DEMOCRACIES

STAY OUT

FOREIGN SITUATION

BERLIN—Foes fear us, Hitler tells Nazis. PERPIGNAN—Loyalist troops form new line. FRENCH FRONTIER—35,000 refugees admitted. MOSCOW—Greater Five-Year Plan outlined.

LONDON—DBritish speed up pla

e output.

WASHINGTON—Senate may ask Roosevelt letter on

French planes.

GALLUP poll shows U. S. war fear growing. (Page 9) SINGAPORE—Plot against Siam’s boy-king reported.

* (ediiprial, JPage 10)

BERLIN, Jan. 30 (U. 1 P) —Fuehrer Hitler toni hailed the six-year rise of Naziism as rescuing Europe from communism and bitingly warned the great democratic pow=ers against interference with German affairs: He was addressing the Greater Geman Reichstag. Herr Hitler declared that Germany in the future “will not tolerate that Western states should attempt to intervene in certain matters that concern only us in order that thereby

they might prevent certain

U.S, BELIEVED NEARER CRISIS

Clapper Points Out Shift In Roosevelt Attitude . Since 1936.

By RAYMOND. CLAPPER Times Special Writer WASHINGTON, Jan. 30.—Every day’s newspapers show us how close Europe has moved toward major war,, What is less apparent is the advance we in the United States also have made toward being engulfed. Look back but a short period and the change in this country will be sharply evident. It has moved like a slow, irresistible current, scarcely

perceptible day by day, but carrying

us all along just the same.

ithe Red pest”

natural and reasonable S0lutions.” The Fuehrer’s warning appeared to be directed at the great democratic powers, which have been vigorously jeriticteed by the Nazi press in \attagks recently directed

chiefly at the United States.

Europe has been “rescued from: by Naziism and Italian fascism, the Fuehrer said, in a laudatory reference to Italian Premier Mussolini. : Opposition to Naziism, has vanished in the Reich, the Fuehrer declared. Adversaries of the Nazis may “hate and. fear us, but they esteem us,” Herr Hitler said, and the threat that Germany would sink into chaos has been overcome because of the Nazi “miracle.” Herr Hitler said that prior to the Anschluss he had made up his mind to include Austria in the Greater Reich “at whatever cost.” Now, he added, the overwhelming majority of the 80 million persons in Germany are behind the Nazi pro-

We have gone considerably be-|8Tam

.|vond the point of taking measures

to strengthen our defense of thé Western Hemisphere. Diplomatic relations between Washington and Berlin are all but broken—both Ambassadors have been recalled. Sympathies with Britain and France have reached the point where official actions are following. The Government is facilitating the effort of France to obtain military planes here and the latest developments are being placed at her disposal. We are seriously considering development of Guam, which projects us to the other side of the Pacific. - 1936 Speech Recalled

Thus we are involved in policy questions in the Far East on the one hand and in Europe on the other. To see what the temper of Washington was not so long ago, turn back to President Roosevelt’s Chatitauqua speech in August, 1936. It received wide acclaim and obviously reflected the mood of the country then. Its keynote was to keep from being entangled. Strict neutrality and noninvolvement was the policy. Mr. Roosevelt spoke of “fool’s gold.” “If war should break out again in another continent,” he said at Chautauqua, (Continued on Page Three)

WEIGH COMPULSORY SMALLPOX ‘SHOTS’

City Order Would Apply to Teachers and Pupils.

Compulsory smallpox vaccination of all Indianapolis - school pupils and teachers who do not already have vaccinations that are effective now, may be ordered soon in order to check possible spread of the dis-

ease, Dr. Herman G. Morgan, City Health Board secretary, said tociay. The order, he said, would apply to both public and parochial grade and high schools, and to kinclergartens. Dr. Morgan said the decision to issue the order will depend on results of a survey being conducted by Health Board inspectors fo determine how well an earlier request for voluntary vaccinations was complied with. The checkup. was started when a teacher in one of the high schools was stricken with smallpox several days ago, he said. In one high school which has been checked, it was found that more than 2000 pupils have not heen vaccinated, while in another high school, more than 1000 were found not immune, Dr. Morgan declared. “There are 45 persons rantined with the disease now, #nd there have been 110 cases reported this month,” he said. “All of these ‘cases developed in persons who had

‘not been vaccinated.”

FAVORS LIFTING EMBARGO BOSTON, Jan. 30 (U. P).--Na-tional Commander Stephen had-

“let us not blink the fact|

“And during the present days in still - another country (Spain) we witness the ctacle of triumph over the destructive efforts of Jews ish internationalism,” he declared,

Praises Goebbels

Herr Hitler said that Germany had not threatened anybody but had only defended herself against foreign threats and the consolidation of anti-German ‘activities in Czechoslovakia, led to the Nazi action against that republic. It was considered significant that Herr Hitler warmly praised Paul Joseph Goebbels, Propaganda Minister, as well as Field Marshal Hermann Goering and Foreign Minister Joachim von Ribbentrop. : Dr. Goebbels recently had been rumored slated for a demotion. Herr Von Ribbentrop was perhaps the greatest object of the Fuehrer’s praise. Just before Herr Hitler began speaking, Marshal Goering was re- : elected President of the Greater, German Reichstag by a unanimous rising vote. The Reichstag also ‘unanimously extended the enabling act giving the Government special powers until May 10, 1943.

“Now There Is Unanimity”

Herr Hitler began speaking at 8:06 p. m. (1:06 p. m. Indianapolis Time). He said that six y one-third of the Ge was behind his program. “Now there is unahimity. The bulk of the votes then were divided between 35 political groups.” The picture of collapse of pre= Nazi days has begun to fade, Herr Hitler said. Adversaries laughed at the Nazi dream, he said, but now they “hate us and fear us, but esteem us.” Herr Hitler had taken his seat in the Reichstag at 8 p. m. Field Marshal Hermann Wi helm Goer ing, his chief aid, opened the proe ceedings with a brief speech. Herr Hitler said Germany was faced again with the spectacle of overcoming Jewish = international hostility against “true European cule ture.” He said the six years behind the Nazi regime were filled with the “most marvelous achievements of German history. - | “Today I can for the first time speak before the Reichstag of Great er Germany.” “Dream Come True”

In the last year, Hitler said, the dream of centuries had come true. He said millions of persons had died during the last decade for the things accomplished in Germany in 1938. He referred to the right cf self-determination. Millions of German citizens, he said, were torn from the Reich, or : (Continued on Page Three)

STOCKS UP 2 POINTS, CONTINUE STRONG

NEW YORK, Jan. 30 (U. P).— The stock list continued Stone in early afternoon dealings af ing more than 2 lead of steels. momentarily unsettled by. preme Court’s decision

rs ago only man nation

{TVA but they