Indianapolis Times, Indianapolis, Marion County, 14 June 1939 — Page 6

PAGE 8

TRUCK TIRE TAX

Silt

CALLED UNJUST BY OPERATORS

Ask Return of Payments as Deadline for New Licenses Nears.

Truck operators, through their attorneys, charged in Superior Court today that the much disputed State Truck Tire Tax was “unjust classification for tax purposes” and ask that their tax payments be returned. Meanwhile only six more days ree main for Indiana truckers to pur= chase the new tire tax tags before the deadline, the Motor Vehicle License Department warned. In arguments against the State demurrer to the truckers’ suit before Superior Court Judge Herbert Wilson. the truckers said: “The act has no friends and only escaped repeal by the last Legislature because each political party Wanted to put the other in the hole.”

Injunction Asked

The suit filed by Richmond truck operators in April asks for an inJunction against the State to re- \ strain it from enforcing the act. Judge Wilson temporarily withheld his ruling on the demurrer by the State, which was argued by deputies from the Attorney General’s office. The deputies declared in answer to the truckers that the State Supreme out has “sustained the truck tire! ax in two cases, in one case in! i which the Marion County Superior Mrs. lda K. Jennings Court was reversed.” | Mrs. Ida K. Jennings of Traders “It is a most equitable tax,” they| Point, a postoffice employee for the! declared, “fairer, the State thought, | last 17 years, died last night at| than a tax on the loading capacity | Methodist Hospital. She was 53. Mrs. | of trucks.” Jennings, the widow of William Denies It's Highway Tax Jennings. was born here and lived |

here all her life. Attorneys for the truckers charged

Left to right:

She was a member of the Hillside hat the tax is not for the use of the! Christian Church. Survivors are a highways because the $1.250.000 it! sister, Mrs. Mabel Fivecoat and two! was estimated the tax would raise brothers, Earl and Theodore Single“is not earmarked for highway ton, all of Indianapolis, and another maintenance purposes but can be brother. Carl Singleton, of Akron, diverted to the State general fund.” Funeral services will be held at “It has been condemned all over the, Flanner & Buchanan Funeral the state, it has no friends and the |Hothe at 3:30 p. m. tomorrow with court has a right to take that intojthe Rev. C. E. Oldham officiating. consideration. It is wholly and Burial will be at Crown Hill.

shockingly unjust.” Mrs. Effie Nickerson

The truckers declared that Governor Townsend himself asked fe peal of the tire tax and that the| Mrs. Effie Nickerson, formerly of repeal bill passed the House of Rep- | Indianapolis, died yesterday at resentatives with only two dissent- | Pittsfield, Ill, relatives and friends ing votes, only to end in a political here were advised. She was 55. snarl in the Senate, the last day of Mrs. Nickerson lived here for 30 the session.” |years, before moving to Illinois two The Indiana Private Truck Own- \vears ago. She is survived by her €rs organization several weeks ago hyshand, Virgil C.; three sons, announced it intends to “resist pur- 'Harry and Claude, both of Pittschasing the tags even if arrested,” | feld, and John, of Dayton, O., and on the ground that the law is un- . sister. Mrs. Ernest White of Inconstitutional. | dianapolis. The Indiana Supreme Court up-| pyneral services and burial will be

held the law's validity last Feb- lat 3 p. m. tomorrow at Pittsfield. ruary but the truck owners contend |

that a more recent decisi Sub : U. 8. IE SN og Meloy Mrs. Minnie Miller See case provides a new basis for| The body of Mrs. Minnie Miller | grote Jest Sui on sik Indiens ‘who died yesterday at her home, 15149 E. St. Clair St., will be shipped | HEADS WPA RECREATION to Corry, Pa. tonight. Services and SHELBYVILLE, Ind. June 14 (U. burial will be held there tomorrow P.) —Roy Clifton of Shelbyville ‘afternoon. She was 69.

today took office as director of all] : i recreational activities in the fourth | MS. Miller cams to Indianapolis WPA district in Indiana. The dis- ‘from Corry five years ago. She was

trict includes 22 counties. a Gold Star Mother and went to

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Beauty queens of Big Ten universities who will act as hostesses at the New York World's Fair. Sarah Douglas of Northwestern, |

Church of Christ, Scientist.

University. nephews survive.

ors: ter. Mrs.

Wife. stead. Mrs. George Bishop; foster-daughter, Mrs. Edna Sherman.

Survivors: son

vivors: Sevmour Mrs. brother,

Survivors: ters, s fer: sister, Mrs. Rosie Jennings.

vivors: . Nim and Herbert Ehle: daughters, Mrs. (12 aran Mrs. Louise Lacey, Mrs. Viola Jacobs, Miss Esther Ehle.

vivors: Howard.

Robert Dunkle: daughter. Mrs. A. V tell; brother. Samuel McClung; sister, Mrs. Ella Branch.

Survivors: s Misses Isabel and Hatti® Jones: ert Carr.

Mrs. brothers, George, W. F. and Delt Cole.

vivors: daughters, Mrs. Edith Sinders, Mrs. Glenn

| Treva Louis Ber

Iowa.

France in the 1930 pilgrimage to visit the grave of her son, Harold M., who was killed in the World She was a member of the Irvington Presbyterian Church and the American Legion and Veterans of Foreign Wars auxiliaries. Survivors are a daughter, Mrs. Edgar A. Perkins Jr., with whom she made her home here; two sons, Ivan of Peoria, Ill, and Duane of Buffalo, and five grandchildren.

Mrs. Rose Rosenthal

Mrs. Rose Rosenthal, of 618 S. Illinois St., an Indianapolis resident for 45 years, died yesterday

at St. Vincent's Hospital, She was|

born in Russia. Mrs. Rosenthal, who was 70, was a member of the Shara Tefilla Ladies Auxiliary. She is survvied by four sons, Jack, Louis, Meyer and Joseph, all of Indianapolis; four daughters, Sarah, Libby, Lillian and Mrs. Abe Wides, all of Indianapolis; a sister, Mrs. Isaac Levine, of Brooklyn, and a brother, Samuel Joseph, of Los Angeles. Funeral services will be held at 3 p. m. today at the Aaron & Ruben Funeral Home. Burial will be at Knessis-Israel Cemetery.

‘Mrs. Irene Whitehead

Funeral arrangements were being

made today for Mrs. Irene White{head, former teacher in the Indi-

anapolis Public Schools who died yesterday at City Hospital. She was 90. Death was caused by complications resulting from injuries

received May 15 at her home, 1810 E. 15th St.

She was a member of the First

She was a graduate of Norihwestern Several nieces and

Times-Acme ‘Telephoto.

ry, Purdue; Elizabeth A. Rice, Indiana; Rosemary Best, Illinois; Edith Prior Leahy,

DEATHS IN INDIANAPOLIS

Mrs. Isadora Black

Services for Mrs. Isadore Black. who died yesterday after a short illness, will be held at 2 p. m. to{morrow at the residence, Parker Ave. with burial in Crown Hill. She was 177. The Rev. J. N. Greene, pastor of the E. 10th Methodist Church, will officiate. The Meridian W. C. T, U. also will conduct a service. Mrs. Black, who was born in Shelby County, had lived in Indianapolis 60 years. She is survived by her husband, Austin; a sister, Mrs. Margaret Gould, Lodi, O.; two daughters, Mrs. Ruth Taylor and Mrs. Helen Buchhorn, and two sons, Warren S.. Indianapolis, and Arthur P, St. Petersburg, Fla.

Mrs. Katherine Raasch

Funeral services for Mrs. Katherine Raasch, who died yesterday at her home, 1112 Spann Ave., will be held at 2:30 p. m. tomorrow at the residence. Burial will be at Concordia. She was 60. She was born in the home in which she died and lived there all her life. She was a member of the Emmags Lutheran Church. Survivors are her husband, Albert H.; a |daughter, Helen; a son, Edward, land a brother, Edward F. Priegnitz, all of Indianapolis.

Mrs. Mary M. Leap

Mrs. Mary M. Leap, who died yesterday at the home of a son, Carter, of 1112 Groff Ave, will be at Mt. Tabor Cemetery near Fayette following funeral services at 2 p. m. tomorrow at the Leap Funeral Home. She was 73. Mrs. Leap was born near Leb-

anon and lived here 23 years. She was a member of the Seventh Day Adventist Church. Survivors are her son; a sister, Mrs. Christina Dowden, of Lebanon, and a grandmother, Cathryn Leap, of Indianapolis.

AMBOY-—-Mrs. Merle Mast, 41. SurvivHusband. Virgil: son, Doyt Mast; sisEsther Sommers. COLUMBUS—John Bishop, 55. Survivors: Matilda; sisters, Mrs. Sarah OlmMary Fuel: brothers, Jeff and

CONNERSVILLE—John Brother, Walter Williams. CRAWFORDSVILLE—Jack Rankin,

W. Williams, 76. Sylvester Williams:

80.

Survivors: Brother, William Rankin.

i EDINBURG—H. Otto Smith, 67. Surviv-| ors:

Wife, Otoilie; brother, Charles Smith.

ELWOOD—Mrs, Minnie Teeters, 62. SurHusband, William: daughters, Mrs. Fauecett, Mrs. Everett Barber, Grover Pike; Shirley Irvin Petry. EVANSVILLE—George Son, George Carl Molinet

son, Teeters: T. Lambers, 82. Lambers; daughMrs. Mrs. asohn PfeifFI. WAYNE—Ernest A. Ehle. 81. Wife, Mary: sons, Henrv,

SurOscar, Gilliber. Mrs. H

rs elen Brintzenhofe,

Miss Grace Kennett, 56, FRANKFORT—Levi Howard, 70. SurWife, sons, Albert and Charles FRANKLIN—Ira Allen Thrush, Mrs. Mary I. Dunkle, 94.

63. Survivors: Son, J. Ter-

GARY—Rabbi Schuman D. Hyman, 57.

Survivors: Wife, Rebecca: sons. Sidnev and Ase Hyman: laughters, Mrs. M Mrs. Morris Hyman.

ever Levib,

Sensibar, Mrs. Herbert Levy; father,

GOSHEN—MTrs. Leona Cripe, 56. Survive

ors: Husband, Alvin; sons. Glen, Fred, Vir-

1 and Jesse Cripe; daughter, Miss Velma

1 Erie. half-sister, Mrs. Clara Piggett.

HAGERSTOWN—MTrs. Marv Harlan. Sur-

vivors: Daughter, Mrs. Fred Thornbaugh.

HAMMOND—George Brooks, 55.

HOLTON—Charles A. Johnson. Surviv-

ors: Mother; wife; daughters, Marie, Beulah, Alberta and Juanita Johnson; brothers, Leslie and Harold Johnson.

the Rev. Robert, the Rev. Stephen, JEFFERSONVILLE—Mrs. Katie Jones. 41. Husband. Rufus; daughters, sons. Robbrother, Robert

and Roland Jones;

KNIGHTSTOWN—Mrs. John IL. Clark, 76.

SiXvivoRs: Daughters, Mrs. William Davis, Mrs. brothers, Roy and Walter Bitner: Mrs. Ida Clark, Mrs. India Stuart, Mrs. Albert Howell.

Glen Kirkham. Mrs. Eric Stanley:

sisters,

KOKOMO-—James T. Watkins, 91. Mrs. Virginia Byram. Survivors: Sisters, Mary Glass, Mrs. Elizabeth Herren; LAFAYET

TE—Rev. John W, ‘wake, 52.

Survivors: Wife, Lillie; son.

LINTON—Mrs. Martha J. Ward, 77. SurSons, Fern and Frank Ward:

STATE DEATHS

Newgent, Mrs. Jewel Clemens: brothers, John and Henry McClelland; half-brother, Walter Squiras. MIDDLEBURY—Jacob M. Miller, 70. Sur- { vivors: Wife, Polly; sons, Chris and Samuel Miller; daughters. Mrs. Jacob Miller, Mrs. Elmer Miller; brothers, Levi, Willis, Chris, Moses and Samuel Miller; sisters, Mrs. Lizzie Christner, Mrs. C, E. Troyer. NEW ALBANY-—Jacob Adolph. 63. Survivors: Wife, Florence: daughter, Mrs. Arthur Edwards: brothers, Philip, George, and William Adolph. OOLITIC—Emery H. Bridwell, 78. Surviv{ors: Sons, Rev. Harry, Morris and Albert { Bridwell; stepson, Clarence Smith; stepdaughter, Mrs. Lena Byers; brother, Herschell Bridwell.

ROME CITY-—Mrs. Mattie A, Wiatt, 76. Survivors: Son, Elza Hiatt: husband, A. A.

RUSHVILLE—Mrs. Rebecca A. Hardy, 69. Survivors: Son, Cecil agers daughter, Mrs. B. O. Wickliff; brothers, Marshall and Albert Moore. ss 8 Bn

SHELBYVILLE—Miss Betty B., Graham, . Survivors: Parents, Mr. and Mrs. Ward Graham; brother, Norman Graham.

SOUTH BEND—Mrs. Blanche E. Frederick, 53. Survivors: Husband, Albert: son, Lee H. Frederick: daughter. Miss Dorothy A. Frederick; sisters, Mrs. A. A. Crump. Mrs. J. H. Engel, Miss Margaret Happer, brothers, Walter and S. B. Happer. Mrs. Mary M. Calkins, 78. Albert M. Bonebrake, 65. Survivors: Wife, Luetta; daughters, Mrs. Flossie Randolph, Mrs. Arthur Carroll: sons, Wilbur and Viril Bonebrake; brothers, Audrey and Ralph onebrake; sister, Mrs. Bert Sult. Mrs. Alice Bengough, 82. SULLIVAN—Mrs. Phoebe E. Chambers, 54. Survivors: Daughters. Mrs Opal Price, Mrs. Mabel Boles, Mrs. Hazel Nelson, Mrs. Audrey Deckard; sons, Wendel and Belva Irvin and Charles Sinders: % Ss, , Mrs. Jane Mails; half-sister, Mrs. Goldie Pierce. Andrew Hayse. 58. Survivors: Sister, Mrs. Fannie Bunch; half-sister, Mrs. Alice

Chapman. SYRACUSE-—Mrs. Susan PF. Nicolal, 95. Survivors: Daughter, Mrs. Fred Hinderer; sons, Arta and Alva Nicolai; half-sister, Mrs. Amanda Ott.

WEST LAFAYETTE—Theodore F. Durvea, 80. Survivors: Daughters, Miss Mabel Durvea, Mrs. G. M. Frier, Mrs. Charles W. Nicol: sister, Mrs. Mary E. Hess.

a Smith, Miss Flossie Ward, Mrs. Hazel

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THE INDIANAPOLIS TIMES _ r Beauties Are Fair Hostesses

{of the ruling in cases of prisoners [who were committed for sentences

1321)

MYERS DENIES HANDS TIED IN JUVENILE CASES

Cites Prosecutor’s Discre- | tion; Gottschalk Points to Power to Transfer.

Criminal Court Judge Dewey E. Myers today said that the new Supreme Court decision affecting prison sentences “does in no way jeopardize the protection now afforded juveniles under delinquency laws.” The Supreme Court held Monday that under a 1929 law “any prisoner regardless of age or sex must be sentenced to the Indiana State Prison at Michigan City if convicted of burglary, auto banditry or assault and battery.” The ruling will not affect the state penal setup because the State Welfare Department has authority to transfer prisoners from one institution to another, Thurman A. Gottschalk, director, said.

Ruling to Be Sought

“Any women who are committed to the Michigan City State Prison

will be transferred immediately to the Indiana Women's Prison,” he| said. “The cases of juvenile of-| fenders will be handled in much the same manner by transfer to either the Indiana Reformatory, the Indiana Boys’ School or the Indiana Girls’ School.” Mr. Gottschalk said he would ask Attorney General Omer Stokes Jackson for an 2pinion as to the effect

not in accord with the laws as interpreted by the Supreme Court, Although the opinion stated that if a juvenile should be convicted of any of the three offenses he would have to be sentenced to the State Prison, it added that the prosecutor still can prosecute under delinquency laws. Bradshaw Is Critical

For that reason, Judge Myers said, the decision in no way affects legal procedure of handling cases against children under 16. Juvenile Court Judge Wilfred Bradshaw yesterday referred to the ruling as a “step backward 30 years.” Under the court's interpretation of the law, he said, a 10-year-old boy could be sentenced to prison for burglary or robbery. Judge Bradshaw said that he did not think that it was the intention of the Legislature in writing the determinate sentence law to make it applicable to juveniles, adding that he believed the framers of the law unintentially omitted a clarification clause exempting juveniles,

Not Mandate, Myers Says

In all cases of children under 16 who have committed felonious crimes, it has been customary in the county to slate them on an affi-| davit charging delinquency, in order to take the cases to Juvenile Court] instead of Criminal Court. Judge Myers said that the new decision does not mandate him to send convicted minors between the ages | of 16 and 21 to the State Prison. He| declared he still has discretion in: cases of minors, citing a “minor statute” under which he may sentence minors to a minimum of one year on the State Farm upon conviction of any serious offense not punishable by death. The Supreme Court decision, according to Judge Myers, will “help to clear up the confusion over the determinate sentence laws which became confused after previous Supreme Court decisions.”

ELECTION ORDERED FOR WESTERN UNION

A hearing to determine the exclusive bargaining agent for West-

ern Union Telegraph Co. employees in Indianapolis will be held June] 22 in the east courtroom of the ¥ed- | eral Building. Robert H. Cowdrill, National La-| bor Relations Board regional di-| rector, said the Commercial Teleg- | raphers union, Indianapolis local] 7, Western Union Division Two, an A. F. of L. affiliate, has petitioned for certification as bargaining agent.

b \ 5]

Delicious and

\_ Refreshing

Judge George L. Tremain, chief justice of the Indiana Supreme Court, was recovering at his home m Greensburg today after a month's illness.

VETERANS’ FEET ACHE AFTER G. A. R. BALL

MICHIGAN CITY, Ind, June 14 (U. P.) —Stiff legs and rheumatism today plagued 15 Civil War veterans who frolicked last night at a public reception and military ball, first major social event of the 60th annual encampment of the Grand Army of the Republic. More than 1500 delegates to

meetings of six allied organizations also were represented at the party. G. A. R. delegates dropped -business proceedings today and will conclude business matters tomorrow selecting a site for the 1340 encampment and electing officers. Bids for next year’s meeting have been received from Evansville, New Castle and Indianapolis. It was reported: that Evansville was favored. Today's program includes a parade in the afternoon and a camp fire meeting at night at which Congressman Robert A. Grant will speak. Four more men joined the ranks of veterans present .at the convention yesterday including James McCammack, 89, of Centerton, who claims to be the youngest Civil War veteran in the country. He said he enlisted when he was 14. Others were A. R. Royster, 95, of Indianapolis; David L. Moise, 95, of Union City, and Joseph Thompson, 93, of Bloomington. 20:

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GEORGE PROUT

WINS ART SCHOLARSHIP

George Morton Prout has been! awarded the Mary Milliken Memorial fund art scholarship. Announcement was made at the John, Herron Art School commencement last night when he was awarded a bachelor of fine arts degree. The scholarship provides $1000] for travel and study abroad as “a, fifth-year student of outstanding scholarship and accomplishment throughout his five years in the fine arts painting course at the John Herron Art School.”. Diplomas were presented to 18 by Evans Woollen, president of the Art Association of Indianapolis. Prof. Deane Keller of the Yale University art school gave the address. Donald M. Mattison, school director, presided. One tuition scholarship is to be given in each class for outstanding scholastic work, David Rubins, head of the sculpture department, announced.

F. D. R. TO ATTEND COUSIN’S WEDDING

WASHINGTON, June 14 (U. ol —President Roosevelt will attend the | wedding of a cousin, Miss Margaret | Delano, to Drexel Paul of Philadelphia, June 24 at the bride-to-be’s home near Hyde Park, the White House said today. Mr. Paul was a classmate of Franklin Roosevelt Jr. at Harvard.

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