Indianapolis Times, Indianapolis, Marion County, 28 June 1939 — Page 1

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Indianapolis Times

FORECAST: Unsettled with local thundershowers tonight or tomorrow; somewhat cooler tomorrow,

WAY CLEARED FOR TEST SUIT OF COURT LAW

W——— |

Cox Refuses Petition Filed By Beech Grove Residents, |

Charging lllegality. |

WARNS AGAINST TSARS

Declares Magistrates Would Be Given Exclusive Traffic Case Jurisdiction.

Circuit Court Judge Earl R. Cox today refused to grant a petition for the appointment of a magistrate court in Beech Grove, thus vetting the stage for the first test of the new magistrate court law before the Indiana Supreme Court. Judge Cox declared the law unconstitutional, supporting & Yemonstrance filed by the City of Beech Grove and County Commis= stoners, He charged the law dele-! gates to State Circuit Courts the) function of appointing separate and | new judiciary officers. He told attorneys interested in the test case that the act, if adhered to, would make a tsar of a Civeuit Court judge. which, he said, “is & mistake anywhere.” |

Filed hy 49 Residents

The petition for appointment of the court was filed Monday by a group of 49 Beech Grove residents The statute, effective at midnight | Friday, was passed by the 1939 Legislature, It provides for appointment bv Circuit Court judges of pairs of city and county magistrate courts on petition and subsequent determination of necessity. The law was designed to remove jurisdiction of Justice of the Peace Courts intraffic cases, and gives the magistrates a three-year term, with the exception that their terms automatically expire when the appointing Circuit judge retires, Judge Cox, in giving his ruling, stid he believes the law creates an entirely new system of state courts, adding that the “only way to get rid of the magistrate would be to get rid of the Circuit ‘Court judge.”

Points to Jurisdiction

The court said that in all the Jiscussion of the law, it had not been mentioned that it gives the magistrates any powers other than in traffic cases. Actually, he said, the magistrate courts are given exclusive original jurisdiction in traffic cases, and | concurrent jurisdiction in criminal | offenses involving fifes up to 3500 and jail sentences up to six months. In the judge's interpretavion, the! law automatically abolishes traffic case jurisdiction of mayors’ courts and Justice of the Peace courts,

Finds Jury Trial Denied

Among the reasons he said he opposed it when it was being considered. he said, is that it denies tral by jury. If the Legislature wished to restrict the powers of Justice of the Peace courts, he added, it was not| necessary to add criminal jurisdic. | tion to the new courts. Ira M. Holmes, attorney for Beech Grove petitioners, said he would ask the Supreme Court to mandate Judge Cox to “fulfill his duty under the law.”

UNION AGENT SILENT ON LYRIC CLOSING

D. R. Barneclo, business agent of the Stagehands’ Union, Local 30.! todav refused to comment on the statement issued vesterday by the Lyric Theater that it would be forced to close at midnight, Thursday, July 6. because of & labor dispute with the union Charles M. Olson of the Lyric in

| { the

fa union had notified him it withdraw its men at that time. Mr.| Olson said the theater “cannot &fford to meet” the union's wage demands. He said the stagehands now receive $5550 a week and are demanding $60.50.

YLUME 51—NUMBER 93

formel statement said that the| would |

Cat's Meows Bring Rescue

Danzig Tops Explosive Possibilities on Versailles Anniversary.

0. S. RAPS NIPPON EDICT

Declines to Remove Ships; Japanese and British | To Negotiate.

By United Press | Farope's military preparations | veached & new hidh today on the | E [90th anniversary of the historic | E ovent--the Versailles Threaty—that| ended the World War, While Japan and Cheat Britain were formally agreeing to negotis | late their prave dispute at Tientsin, | E ‘he attention of European nations 'focured on Danzig and the Polish [Oarriclor as a result of suddenly increasing fears that Adolf Hitler | would soon mave to expand the northeastern frontisrs of the Reich, Developments ineluded: Action Dy Great Britain to ine crease its Repular Army strength by 80.300 men in addition. to notifvine the 408.000 men of the Territorial Army ta he ready for a nossible emergency,

Wintx at Nazi Coup

A confidential report hy Premisv Daladier, who termed the European sithation the gravest fn 20 years, reportedly declaring that Nazis were concentrating th Danzig for an “ime minent’’ coup. A Hurst of gunfire from Polish coantal batteries as A Naz airplane flew near by. The eraft was not hit put ft was indicated that it had failed to heed warnings to Keep

The cat and the cave

Timex Photo What bothered the workmen who were filling in the foundation of a building at 241 S. Meridian St. the last two weeks, was whore cat was meowing from where and what about, The mystery is solved, The cat appears to be no one's Tt meowing from a cavernous prison under the sidewalk created by filling. And it was meowing to get out, LeRoy: Hardmon, 2146 Shriver Ave, happened to sees the cat . y ‘ y \ 8 1s ® ela 1 through & crack between a retaining board and the stone foundation, a forts in the H | He dug a hole and the cat had just parely enough strength to erawliout, |® » ort : rire] Once out. the cat ate a half-inch thick steak provided by Wayne ee i ag Jils 262 ar 3 ! own = ter and waddled : \ ’ Wilson. 2621 Carrollton Ave, gulped down some water and Wad Nhois were filtering hte Danzig,

Wey they declared that they were confi-

Was the

WEDNESDAY, JUNE

28, 1939

Pitered ax Seconf-Clarx Mutter veve

wt Powtoffies, Thaitwhapoliy, The,

FINAL HOME

PRICE THREE CENTS

——

CONGRESS R

KEEP WPA OPERATING

» » ¥

What Kind of a

dent that city would be returned to the Reich shortly without bloodshed pecause it is & German city. There has been much speculation | on whether a resolution by the proNagi Senate of Dangig declaring the Tree Ofty annexsd to the Reich would be resisted by Poland.

Panvipg Formula Outlined

Th Paris. the well-known editor, Henri de Kerillis, wrote in L'Epoque that the French supreme command ‘had been informed that the Danzig formula would he: 1. The Danzig Senate will Dro: Among those who will not he in the work Vag Ra aT on ol

| elare whr Against Germany: 3. Eng | land And France would then he in. | volved through their alliances with | Poland, Tn other authoritative lagpecially in Berlin, belisl continued strong that mn A showdown the Nazis would sesk to gain their objective through economic and moral | pressure rather than risk A major] War. | The Tar Bastern turmoil involv. ‘ing Britain and Japan principally [and the United States and France | td a lesser extent showed some ‘sighs of improvement, buy the ten. | ston between Tokve and Moscow | fas increased as a result of the reported sudden departure of Con- | [stantine Smetanin, Russian embassy | (Continwed on Page Three)

NAVY SETS RECORD IN HONOLULU HOP

Nifty Sonnets in Paraphrase Leave Tony Galento in a Daze

Tennyson, Longfellow and Shelley All Visualize Joe Cutting Barkeep’ Down to His Size,

By HENRY MLEMORE

United Press Nafl Correxpontient

BW YORK, June 28 ing press section at the Yankee Stadium tonight, reporting the world's heavyweight championship fight between Joe Tous and Tony

W. 0. To SUPPORTS Ihee. Tort ‘ennveth, Wen LOUIS OVER GALENTO

Wadsworth Longfellow, Perey Rysshe Shelley and numerous Prefers Clean-Living Creed To Tony's Beer Mugs.

| ‘other poets, However. T have the definite feeling that if any of these gentlemen were at the fight they would be tempted to report it by merely changing a few lines in sonnets or songs they had written before 1 ean almost visualize Tenhyson handing this to his telegraph operator at his first sight of Galento:

EVANSTON, 111, June 28 (U, P).! The Women's Christian Temperance ‘Union favors Joe Louis in his fight tonight with Tony Galento for the heavyweight championship. Mrs. Ida B. Wise, W, 'C. T. U.| president, telegraphed Louis last |

night that her organization favors] “the clean-living Louis creed as opposed to the self indulgence of Galento and his beer kegs.”

“Sunset and evening star And ten long counts for me. May there be no moaning at ‘my bar | When Joe gets through with | me.” > 9 9

HE sight of Galento, fat and awkward, floundering about She said that while the union the ving and missing Re by —- always has opposed prize fighting as & mile, might very well bring | . being aa it ae forth this bit by Shelley: 10% Men Make Mass Flight “clean-charactered young men to y users of alcohol. “Hail to thee, blithe Tony! In 15 Bombers. Fighter thot never wert, i | |

Better th staved th Jersey, STOCKS REACH NEW Behind hy mote i | HONOLULY, 1, 4 Row 2 o (P) ifteen powerful Navy bombLOW SINCE MAY 23

ers. carving 105 officers and men. NEW YORK, June 28 (U. PD).

Longfellow, at abou! the same time, undoubtedly would file: (Indianapolis another

Time) today. spectacular |

th. ‘Tm. “Unfler (he wpreading referee | completing The Jersey harkeep stands, When this ‘protection is taken away Upon his face he Tands,”

craft from the mainland,

Fiving in perfect formation, the squadron, which left San Diege at 6:01 p.m. (Indianapolis Time) yes-

MNUTT TO SIT CITY TOMORROW

Plans Are Completed for Reception on Circle at Noon Friday.

Pormer Governor Paul V. McNutt

gourees, js scheduled to arrive in Inetan- | Apolis tomorrow to take pat pers |

sonAlly ih his camphign for the 1940 Precidential nomination, The High Oommissioner to the

Philippines and his family were to

end their rail trip at Chicagd and

continue here by Auto witer month's journey the world from Manila. Meanwhile, A reception committee headed by former Mayor Boetcher announced that plans have been completed for an elaborate homecoming celebration for Mr, McNutt

lon Monument Circle Friday noon. |

Parade Starts at 11:30 A parade, enlivened by more than

[50 bands and drum corps And dele | [gations from fearly every county fn [the state, is scheduled to sthrt at)

)

the Whar Memorial at 11:30 a. ‘mm and proceed around the Oirele, On a platform built over the Bnglish Theater balcony, Dr. EB. ‘©, Hl Hott, Purdue University president,

will ‘deliver the address of welcome |

after brief talks by Governor Townsend and Mayor Sullivan at D. 'm. Friday. Senator Minton, Wayne Coy, Mr, MeNutt's assistant in the Philip-

[arrived at Pearl Harbor at 10:50 pines, and Pleas Greenlee. Coal loonstitutional and (he Sate be Bre

Commission ‘member And former patronage secretary to Mr. MeNuts,

[mass transfer of U. 8. fighting &ir- 5a te come from Washington for

the reception, will not attend,

‘Going to Ntate House MeNutt will ‘make his first

Senator VanNuys

Mr,

n half way Nm

12:50

» »

Game Is This? —By Talburt

5 SEES

Oops! Bump Into Police [s Unlucky

Like Tot's Wife, Robert HW, Smith looked hehind him ax he hurried to A pawnshop with a frexhlvestolen bicvels, But, thxtead of turning nto a pillar of salt, Smith humped smack inte the side of a police | radio oar parked in front of | the pawnshop, According to | testimony fh Municipal Oourt today. | Undaunted, he haxtened | into the pawnshop with the | ‘bleyele, followed by Patrolmen Audry Jacobs and Owen Teviin, who arrested him. Oh | | their testimony, Smith, who [thay are a success,” he said, | lives at 828 W. 13th St, way | | fined $95 and ‘costs and | sentenced to 120 days on the | State Parm on a petit larceny |

charge. lan ordinance and welection of

End to ‘Hogging’ of Downtown Space.

Oivie Oliubx faver of ‘meters in Thdfnnapolis, Paul Wetter praxicient, reported toHay.,

here are strongly

| Bry’ in the downtown areas,’ he safe “We have talked to | |

SUIT AGAINST TRUCK

[tary=manager of the Hoosier Motor

| aided State Supreme Cour't, | (Old, providing the wight

TIRE 1 AX LAW FILED. Support, for the meters also w

Dakrat Bi | ‘type of drdinance ndopted Detroit Firm ASks Federal “ir. ™woom arcinine that Court for Injunction. = [have Wh Automatic counter,

| ait, avking that the sate | (Continued ¥ Page Three)

viiok THe Thx Law De AECIRIEH Hie BALKY MOTOR ENDS

vented from enforce in the U, 8, District

CUP hy the TEwhk-ARPIcAn | Freight Lines of Detroft, the action | named hs defendants Governor

it, ‘wax on fle orks office to-

SPRINGFIFLD, TH, Jumwe 28 (U Py --Two fers who had

PARKING METERS URGEDBY CLUBS

Federation Leader Visions

Many ehibx th the Federation of tans in Mmuxt inNtallation of parking The maaxui® carries millions for

rexidents of to President [other cities where parking meters night tomorrow when the current are used and have been informed WPA appropriation runs aut,

| Hix statement followed the vote | [of the Safety Board yesterday 10 confer with the Works Board and When Senator Hateh (D. N. M) Cfty Oouneil concerning passage of A {downtown area for installation of rking ‘meters for A text cane to the

Rhnounced hy Todd Stoops, wecre-

| tvpe of meter ix purchased and the tight

the meters should he automatic, have renled containers for the coins, and The

Pr. OWAYNE. The, June 38 (Up) ordinance, he wafd, whould name

| Npent | more thin six and one-half days in |y

Jobs of 2,500,000 at Stake as Bill Is Disputed.

BARKLEY IS FIRM

F. D. R. Faction Wins Point in Monetary Control Row,

BULLETIN WANHINGTON, June 28 (U, P)==The Nenate today ap: proved, 51 to 24, An amend: ment th the R1,755,000.000 ve1ef hill th require NeAtex And their political wubdivistons (a pay 25 per cent of AgRiegAte cont of non-Federal WPA projects,

WASHINGTON, June 2% (UL PD) =Nqueered in a laxt minute log: 1am of xoma of tha xeRNion'® Mort important legs lation, pergpiving Senators and Representatives today ‘raced the clack to settle thiea

lautxtanding ixruer bhafore tha 1939 fircal deadline at mids night tomorrow, Action hax to he taken an thes meaxursr before the deadline unless [complications are to dpxue: 1. The 1940 Relief Bill, Senator Watch (D. NM.) today smaothed the way for thiz bill by Withdraws ing hix amendment ta tie hix own ‘no=polittex=in=relief” measure to the $1.755.000,000 1elief measure, Passage of the bill ix expecta hes fore adjournment tonight, Tt must then go te conference heatween Hove ane Senate, 2. The Monetal'y Tul Administra. tion leader ruccssdad by A formal roll call vote of 200 to 181 in mOVihg thix measure into A Mouse-Bepnts confersnce in an attempt te slimis nate Senate provivon: xtripping the Prexfdent of his powers te contral the gold content of the dollar, Thi emergency power, grantsd in 1938, expires tomorrow at midnight, Up» dar Haupe procddui® a voile Wak first taken on previous questions” | The result was 218 ta 184 for coms mitment of the bill ta conferancs, 8 The Agrieultuis Appropria= Bill R&EpOrt an conferees he aproved by the Ssnats,

[TAM PAtity payments and today received approval of the House

The Senate today sidestepped

“We feel that the meters wauld possible CONTYAVEIRY OVER potiticasindo away with the all=day ‘hog park= eliel in arden to

avotd delay 1h getting the 11.735.000.000 relief Bill Roosevelt before mids

Fearn Joby Endangeved

The polities issue was avoided withdrew an amendment he had plants to offer to curb political aes tivitisx By relief and other Federal smployess, | Wepator Hated

pln WAR aps

ax | Droved by the Senate ih a NapATALe

Hill weveral weeks Ago, but has sities ‘been tise up in the House JueHoiaty Committees, We had planned to Toren A Houne vote hy writing the polities ban into the Rela Bill Th view af the necessity far speed in consideration of the hill, Sahator Hateh told the Senate he would hob offer hix amendment hecause he feared it might ereate controversy ane endanger the (aby of 2,500,000 relinf workers The Senator satel he had received axNuraneey that action on hix Hill would be hastened hy the Hous

ENDURANCE FLIGHT Siig ane that it would he ap»

raved without Material changes, Holt Raivexs Obwiaete

ive Benate Paximed work an the wife! Bill und® A Warhing by Ads

RR y Townsend, State Treasurer Joseph the afr fn an Attempt to break the int » oy 1 ft aan You! 4 i elit hrm talk fn America vince he was M. Robertson, Auditor Frank G. world's record of 218 outs of oo | mE Nw Inter settled to the water in Pear Deore ih March, 1088, on a business Thompson, Attorney General Omer tinuous fight for Heht planes were | DANES the MeANUT®, [Harbor trip from Manila. His talk will be Stokes Jackson and State Police forced down by motor trouble toMRY | Tue drive for quick Action struck charged a

The flight, characterized as rou- (Continued on Page Three) fine by the Navy, was made in 16 LHe = aun The trucking company of their goal. pust, Senator Molt (D. W. Va.) ans

POSTOFFICE TO ADD 20 CLERKS JULY 1

Twenty additional postal clerks

and the subsequent feeling that the After counting the house, With United States will suspend its, its "$350,000 gate and 20 per cent foreign purchases of the metal. In cut for the loser, the author of New York silver went to & new low | the original form of this cor | since 1933 and in London the mar-| someone looking over his shouldket was depressed to the lowest since | er) might write:

will be hired July 1 to work in the Indianapolis Postoffice, Postmaster Adolpa Siedensticker announced today. Authorization for employment of the clerks was received today from Washington, he said. The new force will bring the total number to 509. The present force has been unable to handle the daily mail without the aid of substitutes, he explained. Salaries start at $1700 a year and graduate to $2100.

TIMES FEATURES ON INSIDE PAGES

14 14 13 21 20 19 14 11 1B 15 14 14

9 21 3

Jane Jordan. Johnson Movies \ Mrs. Ferguson Obituaries Pegler Pyle... Questions Radio Mrs. Roosevelt Scherrer Serial Story .. Society ...... Sports ....18,

Books Broun Li Clapper ..... Comics Crossword . .. Curious World Editorials Fashions Financial .. Flapper Fanny Flynn Forum Gali. ... wm Grin, Bear Tt

13 13 21 10 1%]

£5

8 fare Dit

hours 30 minutes—a new record for the 2250 nautical ‘Miles, The previous record, 17 hours 17 minutes, was ‘established by 17 bombers last September,

‘that year with the exception of] | 1087, American Smelting reflected the | (losses. Sunshine Mining lost a part | lof its 2-point gain of yesterday.

“Tis hetter to have fought and Tost Than never to have fought at all.”

Mrs. Joiner Drew Straws and Won ‘Privilege’ of Visiting State Prison

| (Photos and Another Story, Page 5), Mrs. Jones, Who was one of the convicts, while holding Mrs. Joiner

[women grabbed by the prisoners, in the physician's office and hran-

| Times Special | | CRAWFORDSVILLE. Tnd, June but who escaped, described the in- dishing & butcher knife near her 28 —Mrs. Ruth Joiner drew Straws, cident as ‘the most horrifying ex- throat, told the warden that ‘she is roe Hy Nariigy - ne {he perience” she ever had. the bravest woman 1 ever saw.” | Indiana a rison, where § “1 was standing with Mrs. Joiner | storday’s tery . Was wounded yesterday while be- in the prison Nospithl when we ee id woe ice ing held hostage by prisoners seek- prisoner with a knife in his hand.” has had with desperadoes. = ing (0 escape. [she said. “Just then another In-| On Feb, 6, 1932, while a night At first it ‘was believed she would ‘mate grabbed Mrs, Joiner and telephone operator at ‘Waveland lose an arm. but latest reports from ‘pushed her into the doctor's office. Mrs. Joiner, then Ruth Morgan got Michigan City indicate she is At first, she thought the man Was together the vigilantes and thwarted slightly improved and amputation attempting to protect her.” | seven bank iobbers in a safe orack- | will not be necessary, | Mrs. Jones said a guard who at- ing attempt, Fellow staff members of the tempted to rescue her was badly| The robbers had cut communica - Montgomery County Welfare Board slashed by one ‘of the ‘convicts. tion wires and crippled service in revealed today that there were four, “He held the wound in his throat the southern part of the ‘communworkers eligible for the prison trip. with his hand,” she said, “and |jty. Mrs. Joiner used What wires Mrs. Joiner won the draw and went yelled to ‘me, ‘Run, Mrs, Jones. I she could and made & Nina wel, nage \ Lh : | north to |

=m +

with Mrs ; Dy get a A + \

MORE SHOWERS ON TAP FOR TONIGHT

Cooler Weather Expected by Bureau Tomorrow.

TEMPERATURES

1B Nam... 18 12 (noon). vo 49 1pm... , BR 2pm... 86

AL vA uw 8K 88 84

More thundershowers tonight or tomorrow and cooler weather tomorrow were forecast today by the Weather Bureau for Tndianapolis. The showers that had been predicted for two days caught up with the City last night and the precipitation was nine-tenths of an inch,

————— -

—_

Tndianapolis hog market prices went up 25 ‘cents ‘on all weights for the best top—$7.80- since March 25 today. Venlers fell fh with the seav and gained 80

Pose or 0.50 in

the Taw violated the ‘due process” clause of the 14th Amendment to the ‘Constitution and was ah invalid attempt to regulate interstate come merce,

EE ie

‘This Heat Does You Good! So Just Grin and Bear It

Like stringbeans and spinach, the the result of some indiscretion in summer heat is good for you. the type of food or drinks used, he That's the counsel of Dr. Herman declared, G. Morgan, secretary of the Ofty Tt fx well to eat some warm food

fn the air 150 hours and 50 miniites

complainers ‘who right wiping sweat from ‘their brows. “Statistics show that we have less flinexs and A lower death rate dur. ing the summer months than duing | any other perfod of the year,” Dr. strokes are caused by Morgan explained, (stomach and intestinal Hot weather fmproves the health Therefore, if one ix feeling conditions for it fhgures good elimi- | disposed, direct nation through tie skin, ventilation sun's rays should be avofded, expe fs hecessary for comfort, and the eflly fn the heat of the day. sun's rays have An ‘opportunity perform its wteriliving ‘work

satel

down with draughts of fee water,

tracts

he on ah empty stomach, Regular hours for sisep and rest fitnenues also are exenuial during the 1

’

(are au i

ah a IPREREEREN |

Board of Health, to the hordes of ‘with every meal, he counseled, as now are ‘many stomach and intestinal dix. | turbanees are the result of eating Ky) consented to a Tecess un cold foods Which were drenched a, m. today,

Most heat prostrations snd sun deranged placed exposure to whe | Ome to [should also avold taking exercive

Hunter Moody and Wilbur Pare | ‘ . ish, Doth of Decatur, brought UNRIr hoi Co = Will offer ah amend Sh-horsepower ‘Miss Springfield” 10 | a. *arth at 5:40 a. 'm. They had been

weuite WPA to submit te Congress names of all WPA admin istrative employees whose walariey [exceed $1000 a year, | He won support (Walsh (DD. Mass.) who said ‘ws [are paying for relief caves,” Senator [Holt agreed, however, to present ha [amendment after committee amends [tents have been disposed of. | Pfrorts to tush the relief bill passage last night failed whan Behe ators, obviously in no mood Tor work, milled noisily about the cham ber, ignored parliamentary rules and ‘mands it difficult for the prewiding officer to maintatn order, Finally, at 6:47 p.m. (Indianapolis Lender Barkley (D. tl 10 Senator Barkley watd [he had no desire to “overwork tha Senate,” but that unless the bill is | in President Roovevelts hands before midnight tomorrow,

from Sepator

Time), Majority

f= the Works Progress Administration

(Continged on Tage Three)

| 4 WSCAPE LONDON FIRE | LONDON, June 28 (U.P) =Fie | denoribad ax the workt in London 42 yer destroyed a lock of builds an” the Barbican distro

Sir