Indianapolis Times, Indianapolis, Marion County, 13 April 1939 — Page 10

TRUCK OWNERS ATTACK WEIGHT TAXLAWOF'31

Superior Court Suit Again Seeks to Enjoin State From Collecting It.

A third attack on the constitutionality of the 1937 State Truck Weight Tax law was made today in an injunction suit filed in Superior Court by the Private Truck Owners of Indiana, Inc. The State Treasury Department, Governor Townsend and the State Safety Director were named de-| fendants in the action which seeks to enjoin the State permanently, from collecting the tax. The suit] also asks the return of all fees paid] J up to this time and charges the act] is unconstitutional. Protest Interstate Feature Principal provision of the act upon which they based their suit, truck-) ers attorneys said, was the inter-| state feature. A recent U. S. Su-| preme Court decision upon State taxation and interstate commerce! justifies the new action, they said. The suit charges the act is uncon- |

prove it to “put her prints in the reco

It is discretionary because it does| printed at the Court House station.

Seven-year-old Charlotte Smith believes in fingerprinting and to she had her aunt bring her to the Court House the other day Leonard Gross, head of the civilian stitutional for the following reasons:| fingerprint station, accommodated Charlotte, the youngest to be finger-

\ |vivors.

Times Photo.

not apply to passenger cars and two-wheeled trailers. Claim Law Is Not Uniform The law deprives truckers of their property without due process of law. MBOY b s: D hters, The suit adds that the act is not an ES RE Albert. Lester: stepexercise of the lawful police power | SaUghters, Mis. AY eros, Mrs. J o the San is not equal nos wom BLOOMINGDALE Mrs. Golda | Xendall orm, and is an occupation tax de- 46. Survivers: Husband, Raymond; Jaugh- : : : | ters s. 3 i. n Kensigned to raise revenue instead of to] gall sons. Red T Ridhara “ates, Mrs i roa i i « | Morris Irwin, Mrs. en TS! 3 othprovide d repair and mainte jer, William Newgent; mother, Mrs. John nance funds. Newgent. Truck owners are denied equal protection under the law by opera-

AMBOY—Mrs. Mary Ellen DePoy, 18. ri Cook

rs. Earl , Miss

| BLOOMINGTON--Mrs. Stella A. Stewart, 142, ivors: Husband, Jesse; sons, Sta- £ th t Bin EAR oralles daughter, vendal tion of the act. | Qather. Samue er; sisters, Mrs. Clara : are ids, . ller, Mrs. Cletu The law provides no separability | Nikirk 3S. Omsk Me § Mews clause. ls BLUFFTON—Mrs. Stella Ann Baker, 63. "i 3 Survivors: usvana, Taiy vivester; One of the two previous suits also | Bither. Alfred Grimes: daughters, Mrs. was filed by the truck owners’ or-|Anola Jones, Mrs. Frasa Jones: sons, Wuganization. In both cases the law Mc. Dale’ Froeman, Myc, Carrie MCG. was declared constitutional when Mrs. Ql sobs. brothers, William, appealed to the State Supreme] Ww. F. Rogers, 38. Survivors: Wife, LotCourt. tie: sons. Howard, Hilbert, Aubrey, Tdwin.

Vasel

CHESTERTON Charles Nickel, 90. Survivors: Wife, Louisa; sans, Shane: en! etter,

| Arthur; daughters, Mrs. Lillian M | Miss Eisie Nickel. sell | COLBURN — Miss Elizabeth ussley, 78. Survivors: Brothers, Elias, William sis-

ter. Mrs. Lvdia Gurley. CROWN POINT — F, LIL. Busenburg, 5%. {Survivors: Wife: son. Charles, | GOODLAND Col, C. C. Bassett, 39. Survivors: Wife, Pauline; daughter, Katherine. ME Henry, 88. Sur. Viley.

T0 SAVE MOTHER

LOS ANGELES, April 13 (U. PJ. EN Eo —Authorities were undecided t0-! JASONVILLE—EU B. Payne, 81. Survivday whether Rose Macelli, 24, must ors: Son, Orville, dau hters, Mrs. Nettie

stand trial for shooting to death her | Sore Mainogy Tohel Reed; sister, Mus.

STATE DEA

4 N—Dr, vo. 78. Man Everett W.,

vivors: Son, Edwin; William.

MICHIGAN

win Treok brothers,

CITY — Mrs. Mary Lettia Holmes, 73. Survivors: Daughter, Mrs. J. S. Carpenter; sons, Ernest, Enos, Charles, Daniel, Samuel; sisters, Mrs, Emma Peffers. Mrs. Ella Burkett, Mrs. Charles Fack.

NAPPANEE—Jonathan J. Must, 62. Survivers: Wife, Lucy; sons, Elmer, Ora, Christ, Monroe, Luther, Ervin, Reuben, Chester: daughters, Mrs, Daniel Yoder, Mrs. Elva Yoder, Mrs. Ruby Bontrager, Misses Viola, Sara, Edna, Laura, Verna.

NEW ALBANY—Mys. Mary E. Austin, 55.) Survivors: Husband, George; daughter, Miss Mamie. Mrs. Marie Emery, 33. Survivors: Husband, Herman; father, Lafayette Brock; brothers. Charles. Lafe. Ray Broek; ters, Mrs, Clarence Maunch, Mrs. Brewer, Mrs. Frank Neff

NEW PARIS—William J. Method, 80. Survivor: Daughter, Miss Naomi,

NEW RICHMOND—Mrs. Mary C, Fletcher, 87. Survivors: Daughters, Mrs, Ida Busenbark, Mrs. Margaret Cox, Mrs. Mary Dunn, Mrs, Ethel Todd, Mrs. John Barton, iss Mabel Fletcher; sons, Charles, Rus-

sis= Earl

OAKLAND CITY—Mrs. Dcrothy M. Corn, 18. Survivors: Husband, Harold: fostermother, Mrs. Giles Hillis; brothers, Lester, Claude Huston; sisters, Mrs. Rose Forschaar, Mrs. Edith Evinger, Miss Winifred Houston.

PERU—Mrs, Neliie Evelyn Wiechers, Suryvivors: Son, William E.; daughter, Sister Anita; sister, Mrs. J. O. Cole.

REMINGTON-—Jacob Sutton, vivor: Brother, Clem.

SEYMOUR—Mrs. Cora Newsom Schobert, Survivors: Husband, William; _sister, Mrs. Sadie Schobert; brother, Elda Newsom. 2 2 2

95. Sur-

father, Tony Macelli, 54. | LINDEN—J. M. Gillock, 64. Survivors: The girl said she sent a bullet Nife. Bertha, daughters Mis. Cleon Break. a % eld, iss Pauline illock: cons, il, into his head when he beat ner Emory. Emerson. . mother and tried to drag her up al LINTON—Mrs. Sarah J. Sisk, 70. Survivstairway by her hair. [Beni > Machasit: Cons Bmmest ravi ~ i i Henry, Charles, Sylvester: stepson, Voiney | EE deen Sisk; brothers, Grey, William Whitney. { 4 r = LOGANSPORT —Bobbie Bryan Henderpital to spend the Easter holidays Son. J4, Slrvitonss Parents. Mr. and or at home. The holiday had been one | Moe Mmnie Miter: Sisters grandmother. | a 1 oO Paul Wood, 22. Survivors: Father, Ira; | long wrangle between the parents, mother, Mae: brothers, Alvin, Richard, El-| and the mother was cutting short mer: sisters. Mrs. Florence Widner, Mrs. | the visit and returning to the in-|Daisy Bonnell stitution when ,Macelli began beat- | ing her, the daughter said. q NTY YO 1 “He wouldn't stop hitting her,” she told police. “He wouldn't leave | her alone. I warned him, and when | WILL JOIN 0 I T 0 he went on hitting her, I fired 1 Ti 1 blindly.” 184 IL BE GIVEN Forty-six Marion County youths

sire to enroll for this summer's Citizens’ Military Training Camp,

Butler University will award two cepted for the basic camp at Ft. scholarships to high school pupils Harrison Aug. 4. Advanced infan-

in each of the 92 counties of the|try students will attend the same Bousman. Mrs. in |Reish; sisters, Elizabeth, Laura Sipe

State for the academic year 1939-40.|camp. Advanced candidates

> TELL ors:

y, 88. Survivor: Daughter, Mrs. Nellie Grenard.

Ellis, Humm.

vivors: Wife, Bessie; daughter, Mrs. Gladys Horner: i Chari, Keith Troutwine; stepmother, Mrs. : : : -arey lhave enrolled or signified their de-|Glen Love; Nellie Cooper, Mrs.

Maj. E. A. Williams, C. M. T. C. of- [Per Jiiiway. ficer for Indiana, announced today.|Guy Marsh | This year, local young men Wwith-| {aia Hi Ce I aREle Aug. lout previous training will be ac-|Schultz sons, C

SOUTH BEND—Mrs. Morris Odusch, S55. Survivors: Husband, Morris: sons, Julius, Frank, John, Fritz, Francis Odusch; daughters, Mrs. Christina Prigbycs, Mrs. Minnie Kasprzak, Miss Anna E. Odusch; brother, Julius Sinkovitz.

CITY—John Hanloh, 38. SurvivWife, May; brothers, Henry, Theodore, Herman, Anthony.

UNION CITY—John Klem, 41. Survivors: Wife, Barepa; daughter, Mary Catherine; sons, John, Bernard, Paul, James, Errol; stepsons, Harry, Jack, Richard; mother, Mrs. Mary Klemm: haif-brothers, William Kiem, Bernard Rhoades.

WAYNETOWN—Mrs. Aurilla Gray,

WILLIAMSPORT — Mrs. Maly Haggerty 47. Survivor: Sister, rs. Glenn

WINCHESTER—Everett E. Love, 54 Sur-

sons, Eldon, Hubert; stepson,

Love; brothers, Ollie, Ottie, Orval, sisters, Mrs. Rdith Rees, Mrs. Bernice Carper, Mrs. dana Mrs.

n. Dan Quinn, 86. Survivors: ert,

Lewie, wis; daughters, Mrs. Mrs. Herman Peetz, Mrs. Earl Cravens;

Marshall, sis-

n, Mrs.

arbara C Survivors: Wife; Howard. Hil Aubry. Edwin. onrad A. Sipe, . Survivors: Nons, L., L. O. Ray: daughters, Mrs. Pearl

William PF, Rogers.

re 30

from stenographer to superintendlent of the Indiana Division of the |Big Four Railroad, died last night lat the Spinks-Arms Hotel. He was {64 yesterday.

ljce in 1892. He was sten [then chief clerk, general yardmas-

| trainmaster and superintendent. He retired in 1937. He had visited near-

i {ton Ave. died yesterday on a street-

‘DEATHS

Edward Hughes Zeigler

Edward Hughes Zeigler, who rose

Born at Attica, Mr. Zeigler came here eight years ago from Wabash, where he entered the railroad servographer,

ter, inspector of transportation,

ly every country in the world.

There are no immediate sur-

Funeral services will be held at 2 p. m. tomorrow at the Flanner & Buchahan Funeral Home.

Henry H. Burgan Henry H. Burgan, of 2438 Carrollcar at College Ave. and 16th St.

He was 76. Dr. Hugh K. Thatcher, deputy

|coroner, said Mr. Burgan died of

heart disease. Mr. Burgan a retired Monon Railroad clerk, was born in Hendricks County, but had lived here for 45 years. He is survived by two sons, Myron C., of Sault Ste. Marie, Mich., and C. Clyde, of Detroit; a daughter, Mrs. Clara Gordon, of Cleveland; a sister, Mrs. Almanda Swift, of Indianapolis, and a brother, J. O,, of Lizton, Funeral services will be held at 10 a. m. Saturday at the Broadway Baptist Church with burial at Lise ton.

John W. Brown

Funeral arrangements were being made today for John William Brown, retired farmer, who died last night at the Methodist Hospital. Mr. Brown, who was 80, was born at Lawrence and had lived there practically all his life. The farm on which he lived was at 42d St. and the Pendleton Road. His father, John L. Brown, served as Marion County Treasurer during the Civil War. He attended Butler College and was a past master of Mystic Circle Lodge, F. and A. M. He is survived by three sisters, Mrs. Lee Huff and Miss Clara Brown, both of Lawrence, and Mrs. Marianna Martin of Oxford, O.

Mrs. Jane Adams Potter

Mrs. Jane Adams Potter, former Indianapolis resident, died yesterday at her home in San Diego, Cal. She was the daughter of the late Samuel Adams and a member of a pioneer Indianapolis family. She is survived by her husband, Capt. Hal N. Potter, of the U. S. Marine Corps, five children and her mother. Services were to be held today at San Diego.

Mrs. Sallie Garten

Mrs. Sallie Garten, widow of Zimri Garten, a captain in the Union Army during the Civil War, and a pioneer resident of Odon, died there yesterday. She is survived by a son, Walter C., of Indianapolis; a sister, Mrs. Minnie Lane, of Odon, and four grandchildren, including Miss Bessie C. Garten, an assistant at the Public Library here. Funeral services will be held at 1 p. m, tomorrow at Odon. Burial will be there.

Look for Full Page of BARGAINS in FRIDAY'S TIMES

MURPHY'S 5&10

Cora Arthur, Mrs. Hallie

One scholarship will be given to signal corps work will train at Ft. a senior living at each county seat Harrison beginning July 3 and endand another to a senior living in ing Aug. 1, Maj. Williams said. each county. To be eligible for the SS US

SYSE 5 Jorn mi Tow FT. WAYNE TO HOLD FORUM ON AIRPORTS

class. | The scholarships will pay $30] ! each semester toward te students| FT. WAYNE, April 13 (U. P).— fees. . [Airport managers from eight midThe faculty committee which will western states will be invited to act upon local recommendations in- an airport forum conference here cludes Dr. Henry G. Nester, chair- May 8. Capt. Clarence Cornish, head man; A. D. Beeler and Dr. Henry of the Ft. Wayne Airport, said toM. Gelston, Ross J. Griffeth, Dr.!day. Albert Mock, Mrs. Helen Moore,| States represented will be Illinois, Dr. Nathan E. Pearson and Mrs. Indiana, Wisconsin, Ohio, Michigan, Alice B. Wesenberg. Kentucky, Minnesota, and North

Correct Wedd:

ng Invitations and Announcements

AUNT OFFERS HOME a= TO QUEEN GERALDINE

LOS ANGELES, April 13 (U. P). —Mrs. Duncan B, Harding of Los Angeles, aunt of Queen Geraldine of Albania, today invited the Queen and King Zog to use a residence she owns in Pass Christian, Miss. Mrs. Harding, widow of a portrait painter, predicted her niece will stay at King Zog's side regardless of what occurs in Europe. “It was a beautiful love match,” she said. “They are desperately unhappy away from each other.”

CHURCH IS DAMP; CONGREGATION TOO

MER ROUGE, La. April 13 (U. P.) —It looks like a rainy year to members of the Bonne Idee Methodist Church. The church needs a new roof and the congregation rented six acres of land to plant in cotton to provide funds for shingles. The weather has been so wet that members have been unacle to plant the cotton and have listened to sermons while dodging rain dropping from the ceiling.

MUSCULAR

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PAINS—ACHES

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IN Clarence L. Hollerman

Clarence I. Hollerman of 2002 Houston St, an Indianapolis resident for 18 years, died yesterday at St. Vincent's Hospital. He was 54. Mr. Hollerman was born in Wabash County and lived at Peru and t before coming here. He was a sheet metal worker and a member of St. Francis de Sales Church. He is survived by his wife, Josephine; two sons, Robert and William, both of Indianapolis, and a sister, Mrs. Bessie Webster of Peru. Funeral services will be held at 8:30 a. m. tomorrow at the Harry W. Moore Peace Chapel and at 8 a. m. at St. Francis de Sales Church. Burial will be at Holy Cross Cemetery.

H. L. Sanders

Services for H. L. Sanders, treasurer of the Senate Avenue Y. M. C. A. since its organization, will be held at 3 p. m. tomorrow at the Bethel A. M. E. Church. Mr. Sanders, formerly an apron and jacket manufacturer at 218 Indiana Ave, died at his home in Lockefield Gardens Tuesday. Burial will be at Crown Hill. He is survived by his wife, Sarah; a daughter, Mrs. Creola Courtney; two sons, Arthur of Indianapolis and Edward of Pasadena, Cal, and a grandson.

Frank Freund

Services for Frank Freund. Maywood truck gardener who died Tuesday, will be held at 2 p. m. tomorrow at the Conkle Mortuary. Burial will be at Washington Park. Mr. Freund, who was 67, had been ill more than a year. He lived at R. R. 7, Box 503. He was born here and had been in the truck business more than 35 years. He was a member of the German Gardeners’ Society. . He was a member of the Maywood Methodist Church and of the Comanche Tribe of Red Men. He is survived by a daughter, Mrs. Pauline Frazier; five sons, Carl, Louis, August, Otto and Frank Jr, all of Indianapolis; two sisters, Mrs. Bertha Reidel, Indianapolis, and Mrs. Lillie Ruble, Bridgeport; two brothers, Fred and Oscar, Indianapolis; 16 grandchildren and two great grandchildren.

INDIANAPOLIS

Mrs. Margaret Fuller

Mrs. Margaret E. Fuller, of 2950 N. Chester St., died today at St. Vine cent’s Hospital. She was 29. She is survived by her husband, Irving F.; two children, Norma Lea and Jack W. Fuller; her mother, Mrs. Elizabeth Warfield, and a sister, Mrs. Dorothy Berry. Funeral services will be held at the residence at 3 p. m., Saturday. Burial will be at Memorial Park.

Mrs. Bertha H. Blackwell

Mrs. Bertha Hofmann Blackwell, wife of Fire Captain John W. Blackwell, died today at the Robert Long Hospital. She was 67.

A lifelong resident of Indianapolis, Mrs. Blackwell was a member of the Order of Eastern Star and the St. George's Episcopal Church. Capt. Blackwell is in charge of Engine House 30. Besides her husband, she is survived by four sons, Karl R., Ralph

two sisters, Mrs. Emma Straub and Mrs. Ida Sourbier, all of Indianapolis. Funeral services are to be held at 2 p. m. Saturday at the Harry W. Moore Peace Chapel. Burial is to be at Washington Park Cemetery.

Dr. A. S. Lockhart

Dr. A. S. Locvkhart of Southport died at his home there today. He was 68. Dr. Lockhart was born at Connersville and was a graduate of the Indiana University Medical School.

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J, Edward M. and Robert R., and |

» had practiced since 1896 at Stockwell, Indianapolis and Southport. He was a member of the Christian Church, the Masons and Knights of Pythias. He is survived by his wife, Eliz-

: a nephew, Paul Hughes of Indianapolis, and a niece, Mrs. Wil= liam Stephens of Star City. i:

Funeral services will be held at'2: p. m. Sunday at the Southport Presbyterian Church. Burial will be at New Bethel. -

Nervous Indigestion and Painful Muscles Soon Ended by Retonga, Life-Long Resi-

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