Indianapolis Times, Indianapolis, Marion County, 26 July 1939 — Page 1

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Mr. Volk said:

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FORECAST: Unsettled with local thundershowers tonight or tomorrow; somewhat'warmer tomorrow, »

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ST HL » NEGOTIATIONS ON WATER C0.

City Seeks Lawyers’ Opinion on Plea for Injunction ~ Against Purchase.

‘COURT FIGHT INDICATED

Estate Executor Has Room Reserved for Tomorrow At Downtown Club.

All legal aspects of the proposed purchase by the City of the Indian-

~apolis- Water Co. were reviewed to-

day by Mayor Sullivan, other City officials and representatives of the owner.. Present at the meeting besides the Mayor were City Attorney Michael Reddington, City Controller James Deery, Patrick Smith, representative of the Utility District attorneys; and C. W. McNear, representative of the

owners. : Suit to Be Studied

Meanwhile, Mayor Sullivan said he will not submit the purchase for for the consideration of a committee of 24 City officials until Utilities District athorneys have studied a suit on file against the proposed purchase. The suit seeks a perméhent injunction -against purchase at the present price of $21,388,400. It was filed in Superior Court 2 yesterday by attorneys for Frank L. Volk, downtown fruit and vegetable merchant. Mayor Sullivan said he would await the advice of the Utility District attorneys, Thompson & Rabb,

before asking City Council to con-

sider the purchase.

“I have requested our attorneys|

to look into ‘the proceedings. We will not call any meetings until we hear from them,” he said.

As ‘Citizen and Taxpayer’

« The suit: said ‘that Mr. Volk would be “irreparably injured” as a citizen, taxpayer and water consumer if the City buys the company for more than $17,000,000. ; It further asserted that the purchase of the property by the City “for not less than $22,000,000 would operate against the plaintiff and all taxpayers, voters, citizens and water consumers as ‘a constructive fraud.” Named as defendants are the City, the City Council, the tility District Trustees and the Indianapolis Water Co. Summons is returnable Sept. 5 in the Superior Court of Judge Herbert M. Spencer.

Executor Due in City

Harold S. Schutt of Philadelphia, executor of the C. H. Geist estate, has reserved a room at a downtown club for tomorrow. . - While officials were silent on! the effect the suit might have on. the purchase plans, they indicated that every resource would be brought to fight it in court. . Mayor Sullivan said he would call a meeting of the committee of City officials considering the purchase as soon as Thompson & Rabb Have made their report. Interviewed at his fruit sand at the Alabama St. Outdoor Market, “I haven't got any authority to say anything. I'm. interested in this deal and so are a lot of people. Yowd better talk to my attorneys.” | :

Many Opposed, Says Little

Edward Little of the firm of Little, Little & Horn, attorneys for Mr. Volk, said that “hundreds and hundreds of people who are opposed to this deal” are backing him “all the way. ?” The major points in" the petition contesting the purchase of the company incluae: | . “The purchase by the City of he property for not less than $22,000,000 would operate upon and against the plaintiff and would have the effect of operating against all (Continued on Page Three)

‘ALIMONY SPEEDING’ BRINGS DOLLAR FINE

Facing a charge of failing to stop at a preferential street, Ezra Ray, 28, of 5850 E. Washington St., appeared in Municipal Court today. “What was your hurry?” Judge "Charles Karabell asked. “Judge,” Mr. Ray said,

two weeks past -due, and then I had to. hurry on to work,” he replied. “One doMar and costs and judgment suspended,” Judge Karahell said, promptly.

. FARLEY KEEPS MUM ‘NEW YORK, July 26 (U. P). —

Postmaster General James A. Farley

said today that he had not indicated on on a third term to any-

‘ his . one—“and that includes the Presi-

dent. “It is futile for me or anyone else to talk of 1940 until the President has spoken up,” Mr. Farley

| THES FEATURES s oN INSIDE PAGES

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1 \ Financial, «ss+.13| Mrs. Roosevelt. 11 ~Fiyin ./.

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s “1 was . hurrying down to.pay $20 alimony

VOLUME 51—NUMBER 117

RESTORE STATE

Federal Funds to. Finance Operation of Bureau of: Planning Survey.

The State Highway Department’s Bureau of Planning Survey, .abolished two months ago as an economy measure, was ordered re-established today. Between 20 and 25 persons dis-

T. A. Dicus, Highway Commission chairman, announced.

U. S. Will Pay Bill °

The operation of the bureau will be financed entirely by the Federal Government due to recent enactment by Congress of a highway law amendment providing for a more comprehensive highway program for the nation, according to Mr. Dicus. Under its provisions, 11; per cent of highway funds allocated to the States must go for planning and survey. “The planning survey was started in Indiana in January, 1936, to gather facts that will mean better highways for the future,” Mr. Dicus said. “It includes a study of‘all highway problems both rural and urban and also the methods of levying and collecting’ taxes for highway purposes to| determine future allotments.” |

Grade Crossings Included

Included in the Bureau's work is the planning for elimination of grade crossings and dangerous intersections. Under the old setup, the Sfate paid one-half of the Bureau's, cost. When the Legislature made a 37 per tent 1finsion in the Highway. Departmerit’s personnel budget, the State's share of the funds were withdrawn.

Karabell Fines Ex:Police Chief

ICHAEL GLENN, 5182 Washington Blvd., once head of the Police Traffic Department here and former Miami, Fla., Chief of Police, today was found’ guilty in Municipal Court on a charge of speeding. “I never drive over 35 miles an hour,” Mr. Glenn said. “That's five ' miles too fast,” Judge Charles Karabell said. “Five dollars and costs and Judgment withheld.” |

HIGHWAY OFFICE °

charged at that time will be rehired;

Look Out, Jaywalker, Allison’ s on’ Duty

Embarrassing Larele ess Ones.

“By DAVID MARSHALL On an average day 300,000 pedes: trians cross the intersection of Washington -

roads of America.” Officer Forrest Alison—the Police Department’s. crusader against jaywalking :— believes he owes an apology to one of them. Officer Allison who is stationed at the “Crossroads,” has found that the most efiective method of controlling the jaywalkers is by embarrassing them. When stubborn cases don’t react to his pleasant “stay back, please,” he usually calls attention to them by saying: “Doesn’t . that jaywalker funny?” This seldom fails to make the jaywalker mind and usually the crowd chuckles at his or her embarrassment,

look

So He Apologizes

Ohne day, however, he said to a woman jaywalker: “Doesn’t she look funny?” “That isn’t much of a compliment,” she answered. It was later the officer realized he

Nad left out the word “jaywalker” |

in his admonition. So he believes he owes her an apology. = ' °° “Some remarks sound hard,” he says, “but I'm doing it to protect them. When I have to say things that hurt people's feelings I go

home at night sick at heart. But|

I know I've done my duty and that’s a consolation. Often he is criticized, he said, for blowing his whistle while pedestrians are in the middle of the stres=t. “You have to blow: your whistle then,” he explained. “Because you must be one second ahead of the pedestrians. When the light changes the cars are réady to move and the intersection must be, cleared.”

Women More Difficult

In the 14 years he has been in|,

traffic work Officer Allison has found. it is the same people, year after year, who cause the trouble. “They are perfectly intelligent

about other things, but seem to have],

a ‘blind spot when it comes to traffic, ? he said. dle than

Men are easier to women, he said, becaise women|ih.

walk in groups end talk and pay less|

attention than men to the signals.

In his three years at the inter-|gang

section no one has been seriously hurt and only two persons were cut, both slightly. He is proud of

having never made a traffic arrest during his 14 years. ‘

The “no smoking” rule at a local hospital underwent its severest test today and came out second best. A 70-year-old’ woman from .the hill country ‘downstate arrived for an eye operation, set her suitcase down in the corridor and pulled out her ‘corncob pipe. ‘She had been brought here by the State Welfare Department, “operation ||

... 3|Society .....:

which was to finance the in an effort

Denied Smoke in Hospital, |, Woman Spurns Operation

“Youll have to put that pipé away,” a “nurse told the aged patient. “We don’t allow smoking | re ”

“Well, if I: can’t smoke, I leave,”

the woman replied as she pike up her suitcase: and departed. Welfare Department officials conferred hastily and [decides to continue. paying ‘ the blind assistance and

[DAMAGE GROWS

and Meridian Sts, | known to Hoosiers as the “Cross-

WEDNESDAY, JULY 26, 1939

AND 15 HURT IN

Laid to Irish Republican Army Terrorists.

[COMMONS PUSHES BILL

House Hears Chamberiain

In Veiled Attack on I. R. A. Forges.

LONDON, July 26 (U. P.) —An ex-

"| plosion in King’s Cross Railroad Station killed ‘one person today and}

injured 15 in what police believe was a renewal of Irish Republican Army outrages. . )

shortly - after the explosions that it was hoped the bill giving police

: |greater powers to combat the I. R. |A. would be completed in- all

its stages tonight. “I leave it to the House to decide

‘ lwhat effect this explosion has had on

passage of the bill,” he said. Blast in Parcel Room

The bombing was considered an I. R. A. answer to the Government's drive for enaction of drastic antiterrorist legislation. It occurred

while numerous suspects were flee-

=. |ing to Ireland in anticipation that

* {the ‘bill would become law, possibly

next week.

parcel room, a wooden structure opposite the main entrance to the station and separated from it by

“ta driveway.

Six Seriously Injured

Two attendants. a porter, one

Eman traveler and two women were

Times Phato.

Officer Forrest Allison is as familiar to Hoosiers as the Soldiers and Sailors’ Monument. Daily he controls a flow of pedestrians nearly equal to the population of Indianapolis. and Meridian Sts.—the “Crossroads of America.”

He is stationed at Washington

injured badly. The room was wrecked: and was strewn with smashed. suitcases, bicycles and packages. A passerby was cut by glass. The chauffeur of a car parked outside and a woman passenger were injured slightly. A police sergeant outside was cut by. glass. The bombing was one of many

a. outrages attributed: to the IRA in | recent months. . Sir John Simon

$6ld Parliament Tast week that 127}

Wr outrages had occurred since last

\Drought in ‘26th Day as

* Crops Wilt, : ‘Forest ' Blazes Rage.

NEW YORK, ‘July 26 (U. P)— Record-breaking: July heat ‘baked out a nine-state area in the Northeast. today, .inflicting irreparable damage to: crops and making charred: patehes out of vast timber lands. It was the 26th day of drought for most of the parched area—the six New England states, New York, New Jersey and Pennsylvania. Meteorologists' offered little hope for the sustained rainfall needed to salvage farm crops. Damage was’ estimated ~ in’ the hundreds of thousands of dollars. Néw York State was the hardest hit and agricultural officials said that the lack:of rainfall had broken a 60-year record. Water supplies were dangerously low. in many parts of the state. Beaches were jammed. Five small children were drowned in Ontario. More than 40 forest fires ‘were burning in New York State. »

Showers Are Forecast; Crops Are Helped.

"LOCAL TEMPERATURES 6am ...72 10a. m. ... 81 7a. m ... 72 11 a.m, ... 84 8am ... 7 12 (noon).. 85 9a m. ... 19 1pm. ... 86

More thundershowers tonight or

tomorrow were predicted by ® the

Weather Bureau today as Indianapolis and the entire State dried out after 'a heavy -downpour ‘late

yesterday ‘ during .a. thunder and lightning storm. A temperature rise tomorrow was forecast. During the 24 hours ending at 7 a. m. today, the rainfall in the city measured .15 of an inch, the Bureau said. The fall at the Municipal

"| Airport measured .21 of an inch.

Residents in some sections of the city reported. a. heavy fall of hail, but U. S. Meteorologist said the Bureau had no record of any. He! said the rain was helpful to crops rather than damaging. -: ° Lafayette had the heaviest rainfall in the state, 2.37 inches. Lonsport reported 1.87 inches and Ellison, 1.75 inches.

3 GUARDSMEN DEAD IN PLANE ACCIDENT

"MONTGOMERY, Ala., July 26 (U. P.) —Three - Alabama, National Guardsmen were killed today when

their plane crashed and burned at| Keystone, Fla., while on an observa-| £

tion flight ‘from - Camp Foster, accord - to advices reaching the State Military Department here. : ‘The dead are: Capt. Weadow, Webb rere Snapp, all of Birmingham.

‘COLLAPSES ON STREE r

Leslie ° io and Rob- ip

January. “I Saw Porter Bleeding”

A woman civil servant, Elinor Jennings, who. was 50 . yards from the explosion, said: “I was nearly knocked off my feet. I saw smoke coming from the cloakroom after a vivid flash. I ran

the ground, bleeding frbm the arms and legs. Two girls ran screaming from the cloakroom. “Two policemen went ‘in and carried out two of the station staff, both apparently .unconscious.” Every window of the room and the big double doors were blown out. ' A large force of Scotland Yard operatives came ‘' to. the scene. Crowds gathered. as smoke poured out of the station. The bombing was the first outrage attributed to the I. R. A. since Sir Samuel Hoare, Home Secretary, told the House of Commons the Government had been informed the I. R. A. was plotting to blow up the Parliament buildings. Sir Samuel said the I. .R. A. pre-

avoid loss of life, but that in its} new terror campaign, it intended to be ruthless.

REFRIGERATOR GAS OVERCOMES CLERK

Dozen Flee as. Line Breaks In North Side Store.

One man was overcome and more than a dozen others forced into the street . when sulphur dioxide gas from a broken refrigerator line filled three North Side stores today. The line broke at the. Golden Rule Food Market, 3360 N. Capitol Ave,

While David Goldman, 35, the proprietor, a clerk and a’customer: es-

the leak. X He ‘was unsuccessful and staggered to’ the street: where he. collapsed. Meanwhile, the gas spread . to the Tally-Ho Cafe, 3362 N. Capitol, and ‘to’ Light's PHATHIAY. J 3364 Capitol, forcing. “the. .occupants flee ; The Fire ‘Department was called. Fireman B. J. Mann donned a gas mask and turned off the a supply. Other firemen revived. Mr

0 ed 3 « home rus

LONDON BLAST}

Explosion in Rail Station

; Prime Minister ‘Neville Chamber: : " |lain told the House of Commons

.The explosion occurred in the

over and saw a porter collapsed on

viously. had made some attempt to} .

caped outside the store, Emmet! Mayes, 57, of 3241. Graceland Ave. |}is. another clerk, attempted to close

tojare) all .xight.. I have noth

Mayes and sent him to oly Hospital. A

Succeeds McN utt

ESKLD |

WASHINGTON, July 26 (U. P.), —President Roosevelt - today nominated Assistant Secretary of State Francis B. Sayre to be U.. S. High Commissioner to the. Philippines. He succeeds Paul V, McNutt who recently resigned. He has been an assistant sceretary of state since the start of the Roosevelt Administration.

GREENLEE TAX FILING SCANNED

Report Treasury Inquiry Involves Gifts to 1936 Campaign Fund.

By DANIEL M. KIDNEY Times Special Writer

WASHINGTON, July 26.—Pleas Greenlee not only is unlikely to get the appointment as Internal Revenue Collector at Indianapolis, but may have trouble over his own tax returns as the result of the Treasury investigation into his fitness

for the job, it was reported here today. - The investigation is alleged to have involved contributions to his personal campaign fund when he was seeking the Democratic nomination for Governor in 1936, which he is said to have admitted “might

is income returns,

‘of the larger, contributions came from béer: iit holders who obtained licenses while Mr. Greenlee was secretary to Governor McNutt.

Smith Commended

Mr. Greenlee himself went into the beer business, it was disclosed when his name was first presented for the collectorship. This in’ ittself - was enough to bar him from the job under Treasury rules. Both thé Internal Revenue and Treasury chiefs recommended: that Will Smith not. be ousted .because of his record of “efficiency and economy" in the office. His ouster had been demanded by © Senator Frederick VanNuys (D. Ind.); who obtained the appointment . for him originally and then turned against him because he failed to give him political support. : \ The senior Senatoy still says that Mr. Smith willl be ousted and another name chosen when that of Mr. ‘Greenlee is finally and definitely turned down and Senator Sherman Minton stops fighting for his appointment.

McNutt ‘Silent’

Senator Minton himself never objected to Mr. Smith, but saw a chance to put Mr. Greenlee in when Senator VanNuee wanted Mr, Smith out. He .already had gotten Mr. Greenlee a $10,000 job as a member of the National Binnninous Coal Commission, ‘abolished July 1 But Mr. Greenlee wanted the Indianapolis post. and insisted ‘on Senator Minton making the recommendation, although it was originally opposed by all. the leading organization Deniocrats in Indiana. ‘Paul V. McNutt hasn’t’raised a finger to aid the Greenlee ampolne ment.

oye

‘Politics,’ Greenlee Says at Shelbyville

Times Special’ SHELBYVILLE, Ind. uly 26.— Pleas’ Greenlee today blamed “politics” for the publicity given the investigation to determine his fitness

nal Revenue Collector at Indianapo-

one,” .he said. . “If. I don’t get the job it’s. because there has been some politics’ hatched up.” He said that a Federal income tax inspector already had interviewed him and that “I know my oe hide.” 'Regar fing his being interested in beverage concern, Mr, Greenlee said that if he received the Internal Revenue post he “will get rid of his | stock In the company. ”

> oki lem that entered their lives via. 4 uth e | news dispatch. screw-| It said that two swoyerville, Pa., kd most rapid calculation. | teams only yesterday ' played 242}

Entered as Second-Class Matter at Postoffice, Snianapelis. Ind.

MEDIC

have been: omitted” in making out According ta reports here, many {-~

for’ posstbie ‘appointment, as Inter-|.

“Someone is trying to pull a fast]

PRICE THREE CENTS

Justice in District ‘of

Medicine Is

Today’s action sustained

REBELS STYMIE

CONGRESS AGAIN

Democratic Group Demands Action on Housing and - -Spending-Lending.

BRE

WASHINGTON, July 26 (U. P.)— Rebellious - House Democrats en-

| dangered Congressional . adjourn-

ment plans today ‘with a surprise move for a party caucus to compel action on housing, spending-lending and further relief legislation. The start of the Senate session today was delayed while a quorum was being rounded up. ‘ © Congress is in a pre-adjournment tangle but is eager to quit Aug. 5. House leaders were reported trying to head off the caucus plan which ‘might lead either to a free-for-all party squabble or wreck adjournment plans. Senate Republicans, meantime, claimed a “fair chance” of defeating President Roosevelt's $2,490.000,090 spending-lending plan.: The Democratic opposition was less Optimistic. Senate Majority Leader Alben W. Barkley (D. Ky.), warned Senators they could not go home until they voted on the bill.

Caucus Decisions Bindng

with their proposal and followed up with a plan to put: party members on record with respect to housing, spending-lending legislation - and amendments to ease the 1939 Relief Act. ; Unless the move can be headed off, the caucus must be held this week, probably tommorrow’ or Friday. Its decisions are binding on party members unless they make written request for freedom. “It is the sense of the members. signing the ‘call Tor the caucus,” said Rep. Raymond F. McKeough (D. 111), their leader, “that no adjournment take place until this neéessary legislation has been. passed or the responsibility for the failure so

| to pass is properly placed upon the

(Continued on Page 1 Three)

BONNEVILLE SALT FLATS, Utah, July 26 (U. P.). ~Ab Jenkins was. burned badly by gas flames from his 750-horsepower racing auto "today and forced to discontinue a 24-hour speed test. Jenkins had been roaring around the, oval track four hours when he pulled into the. pit for his: second stop ‘and the gas flimes seared him. : ° Before thie mishap he set - four new records, however. The new records: 500 kilometers, 177.1 m. p. h.; 500 miles, 171.31 m. p. h.; 3 hours, 171.41 m. p. h,, and 1000 kilo- | meters, 172.3 m. p. hh.

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a Tobe right, ” two others chimed after what must have been the

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misses. Action, Contends Practice of

Profession.

GROUP HEALTH INVOLVED IN DISPUTE

Claims of Restraint of Trade Against A. M. A- Led to Indictments of Three Societies And 21 Physicians.

WASHINGTON, July 26 (U. P.).—Justice James M, | Proctor of the District of Columbia Federal Court today, dismissed the Government antitrust proceedings against the American Medical Association. He held that the practice of medicine is a profession and that the Sherman Antitrust Act does not apply to it, The act, he said, applies only to businesses and trades. The Department of Justice had obtained indictments jagainst the A. M. A, three other medical organizations and 21 prominent physicians on the grounds that they had conspired to restrain trade by fighting a group system of medical care at flat monthly charges.

the A. M. A's demurrer to

the indictment. Unless Justice Proctor’s ruling is reversed by: a higher court, it will have the effect of closing the case in favor of organized medicine. The Government acted when the Group Health Assogation, Inc, protested that the District of Columbia Medical

“| Society ‘was discriminating against it. The group was formed here to provide lows

cost medical care, especially for the lower-income groups. It found that certain hospitals and doctors ree fused to accept patients referred to them by the group's own doctors. . The Government investigated cire cumstances of this alleged discrime ination for eight weeks and then

presented the case to the Grand.

Jury here. The indictments og

In arguing against the demurrer : which the Medical promptly filed, the Government ase serted that Anglo-Anierican law - reaching back to the 15th century, : had regulated medicine by the same laws as those applying to any trade. Trade, the Department of Justice attorneys declared, included every occupation. in «which. money is habitually received; under: contract, : in return for some value given. : The A. M. A. counsel contended’ that this definition of trade was too broad and if.applied would encompass all business and professions to the point of “destroying all human activity.” Such a broadening of power, the A. M. A. contended, was contrary to common law and the American Constitution. : ‘The group argued that medicine was a profession, not a trade, and therefore does not come under the scope of the Sherman trade restraint act. That was the contene tion that Justice Proctor upheld.

Appeal Indicated '

The other organizations named in the indictment were the District of Columbia .Medical Society, the Har= ris County (Houston, Tex.) Medical Society and the: Washington Academy of Surgery. Wendell Berge, first assistant: ta antitrust chief Thurman Arnold, said he assumed the decision would be appealed. “An appeal seems to me to be a foregone conclusion,” he said. gq can’t imagine our resting on a lower ° court's decision in a case of this importance. 2”

7 U.S. PRISONERS

S——— : FREDERICKSBURG, Va. July 26 (U. P.).—Seven Federal prisoners

| being" transferred by bus from the

Atlanta Federal Penitentiary to. Lewisburg, Pa. today overpowered

the driver and guards, ran the bus

into a ditch and commandeered, 8

motorcar to esca Highways were lockaded through ; out central V A posse was

of them were serving relatively short

‘|sentences for such crimes as up

theft and counterfeiting.

|ARMS RACE HURTING ! | BUSINESS, SAYS HULL

~ WASHINGTON, July 26 (U. BJ,

‘{—Secretary “of State Cordell Jul; 3

declared today that the world ament , race, especially in Eitops, 3 will continue for an indefinite time * to have serious repercussions on the United States’ domestic economy. and the general business situations. He said Europe is utilizing - every. =

jo olan ‘the world mara-{wagon arrived and practically the |sistence Ge, ang these Iutiatiapolislentire two teams had other and

kage Je [mina important usiness ‘on. their {minds. !

hese maids oF os ia oe they played :

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association & °

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organized to track the fugitives. All

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