Indianapolis Times, Indianapolis, Marion County, 5 July 1939 — Page 5

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WEDNESDAY, JULY 5, 1939

"TRUGKERS VOW FINISH FIGHT ON

Two Procedures Outlined to Have Law Declared Invalid.

“A fight to the finish” was declared today on the State Truck Tire Tax Law by attorneys defending members of the Indiana Private Truck Owners Association. Constitutionality of the muchdisputed law “will be carried to the U. S. Supreme Court if necessary,” T. Ernest Maholm, attorney, said.

Mr. Maholm said two legal avenues are being used in attempts to have the law declared unconstitutional. One is through the criminal aspects of the dispute which centers about the arrest of Artie Arthur, a driver for the J. C. Perry Co. of Indianapolis at Fortville a week ago Saturday for alleged failure to have g truck tire tax license tag.

Plan Appeal to High Court

Unless a favorable decision is won in lower courts, it is planned to carry this case to the State Supreme Court and then to the U. S. Supreme Court. Mr. Maholm pointed out that the three previous times that the State Supreme Court has declared the law constitutional, it did so on civil, not criminal grounds. Meanwhile, the constitutionality of the act is being contested in Federal Court here on the civil grounds that the law interferes with interstate commerce. A three-judge tribunal will hear arguments Friday on a petition for a temporary injunction which, if granted, would prevent the state from enforcing the law. The suit, filed by Ralph Tilley, 219 E. 10th St. also attacks constitutionality and asks for a permanent injunction.

Temporary Restrainer Granted

A temporary injunction restraining the state from enforcing the law was granted last week by Federal Judge Thomas W. Slick at South Bend. The American Freight Lines, Inc, of Detroit, which had petitioned for the injunction, is expected to file petitions here as intervenors in the suit, The State has continued its arrests, however, of those who do not have license tags. The tax ranges from $2 to $75 a truck, based on the size of tires used, and is expected to bring an annual revenue of more than $1,000.000 from the 130,000 Indiana truck owners.

FIRST LADY ALARMS STEPHEN CHADWICK

BOSTON, July 5 (U. P).—National Commander Stephen PF. Chadwick of the American Legion told the Boston Post in an exclusive interview last night that he was “disappointingly disturbed” by Mrs. Roosevelt’s public praise of the American Youth Congress which he charged is “Communist-controlled.” Mrs. Roosevelt approved the Congress’ creed advocating defense of the Censtitution and the American system of government and opposing all dictatorships when she addressed the Congress in New York last night.

LIST OHIO MINISTER FOR WINONA TALK

Times Special WINONA LAKE, Ind, July 5— The second week of the Winona Lake Chautauqua is to open Sunday under the supervision of the Rev. P. H. Welsheimer, Canton, O.

The Rev. Mr. Welsheimer will speak at the 10:45 a. m. services and again at,6:30 p. m. There is to be an hour of music in the auditorium following the services. Among the events scheduled for the week is a program by the Petries White Hussars; an illusstrated lecture by Armory H. Waite, “With Admiral Byrd in Little America”; a play, “The Taming of the Shrew,” and the Eureka Jubilee Singers.

GIRL BULLFIGHTER KILLS TWO IN SPAIN

SARAGOSSA, Spain, July 5 (U. P.) —Senorita Beatrice Santullano, 22, exhibited two bull's ears today, token of her two kills in the first appearance of a girl bullfighter in Nationalist Spain. She received an ovation after each kill in the local ring yesterday. Heretofore the Nationalist Government has not permitted girls to take part in bull fights.

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THE INDIANAPOLIS TIMES

Tomorrow! THURSDAY —A Great One Day Event! STATE TIRE TAX §

PAGE 5'

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