Indianapolis Times, Indianapolis, Marion County, 4 January 1940 — Page 20

PAGE 20

‘BALL BRIEF HITS

AT JURISDICTION

U. S. Court Here Has No Authority to Try Suit, Says Foundation Counsel.

A brief citing the United States|

~ Supreme Court as authority that

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——

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Vine, .. SI.

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the Federal Court here has no juris-

diction in a suit against the George |

and Frances Ball Foundation was filed ‘yesterday by Foundstion attorneys. The Foundation is being sued for several million dollars. by creditors of the Cleveland Terminal Building Co. who are seeking the difference between the purchase price of the building company’s collateral and profits accruing to later owners. The brief conte gads that action for the suit, if any exists, should be instituted by the Terminals Co. and not the reditor and that only the Cleveland Federal District Court has jurisdiction in the matter since the company is undergoing reorganization under 77-B of the Bankruptey Act in that court. The Supreme Court decision cited by Ball attorneys said, in part: “Courts of bankruptcy have among their granted powers the collection and distribution of estates of bankrupts and the . determination of controversies in relation thereto.” The brief was filed by William H. Thompson and Patrick J. Smith of Indianapolis and Everett Warner of Muncie, attorneys for the Foundation. The suit is an outgrowth of transactions in which Mr. Ball gained control of the Van Sweringen railroad interests, profits of which were used to form the Ball Foundation,

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Cafe Owners to Meet—The annual stockholders meeting of the Federal J 230 p. m. Jan. 22 in Room 104 of Federal Building, the office. of the JPostoffice Credit Union.

Author to Speak at rice Samuel, author, traveler, will speak apolis Zionist district meeting at Kirshbaum Community Center at 8 o’clock tonight. Mr. Samuel is known as an interpreter of Jewish life to the English-speaking world.

Chosen First Scout of 1940—Robert Bowen, 12,| of 1535 Prospect St., is Indianapolis’ first Boy Scout of 1940. Robert, who was a member of Cub Pack 3, will be installed tomorr night as a member of Troop 55 the Edwin Ray Methodist Church. The first scout of each new year since 1931 has been installed at the church.

Thurman Is Improved—M. Bert Thurman, former Republican national committeeman, was reported as much improved today from a stroke suffered at his home Dec. 18. Mr. Thurman is a former collector of internal revenue and lives at 4802 Park Ave.

Doctors to Dine, Dance—The Indianapolis Medical Society will hold its annual party for members, wives and guests at the Indianapolis Athletic Club at 6:30 p. m. Tuesday. Dancing and bridge will follow the dinner. Music will be furnished by Louis Lowe’s Orchestra.

| Initiation Set Tomorrow — New members will be initiated at a meeting of Irvington Post 38, American Legion, at Carr’s Hall, 5436 E. Washington st., tomorrow night. The annual joint meeting of the post with the Hoosier Post, Veterans of Foreign Wars, will be Tuesday night at the Hoosier Post heaquarters, | 143

E. Ohio St.

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Postal Council to Dance—The Allied Postal Council will hold ‘its annual frolic and dance Feb. 17 at the U. S. Naval Armory, 30th St. and White River.

“Believe It Or Not”—The Rev. H.

: E. Eberhardt, Wheeler City Rescue speak |

Mission superintendent, will on “Believe It Or Not” at the Broadway Methodist Church dinner tonight at 6 o'clock.

James O'Connor, 32, Logansport, Cole Brothers Circus employee, tomorrow will leave Long Hospital, where he has been treated for a broken right arm, received in 1938 when he was knocked down by an

'| eléphant.

Mr. O’Connor was admitted to the hospital Dec. 26 and an operation was performed last Th day. Hospital attaches said that the stitches will be removed today and Mr. O'Connor will be furloughed for two or three weeks, returning later for another operation. Mr. O’Connor was hurt at Johnstown, Pa., when “Dolly,” a small-sized elephant, lobbed him off the ground and sent him sprawling 15 feet away. He said the elephant “was only playing.”

Kiwanis Install Holt—Arthur P. Holt, president of the Capitol Dairies, Inc., was installed as 26th president of the Indianapolis Kiwanis Club at a luncheon at the Columbia Club yesterday. He succeeds James T. Hamill. Other officers for 1940 are Walter L. Hess, first vice president; Robert L. Mason, second vice president;:-Henry I. Raymond, treasurer, and Robert P. Oblinger, secretary.

Postal Club to Install—Newlyelected officers of Branch 8, National Association of Postal Supervisors, will take office at the bi-monthly meeting Jan. 22 in the Federal Building. They are: Assistant Postmaster George J. Ress, president; Charles Waggoner, vice-president; Albert Greatbatch, treasurer, and Lawrence Cook, secretary. Newlyelected trustees are Roy Martin, E. O. Renard and R. D. Batty.

Party Set at I. 0. 0. F.—A card party will be held at the I. O. O. F. Hall, Cottage Ave. and Olive St, Saturday night.

Club to Reorganize—A reorganization meeting of Townsend Club 48 will be held at 517 E. Walnut St. at 8 p. m. today.

Holds Birthday Party—The Star Store’s Twelve O’clock Birthday Club: will honor Miss Nellie Larner with a dinner at The Homestead, 5694 N. Meridian St. at 6:30 p. m. today. Twelve members are scheduled to attend.

Talks on Trip to Euvrope—New members will be honored at a meeting of the Butler University chapter of Phi Kappa Phi, national honor-

ary scholastic society at Arthur Jor-|

dan Memorial Hall at 8 p. m. tomorrow. Mrs. Milton D. Baumgartner, a member of the College of Liberal Arts and Science faculty, will tell of her European trip. Dr. Albert Mock is president; of the chapter,

Security Program Topic—Peter J. VanGeyt, director of the Federal Social- Security office here, will explain the Federal assistance program to the Exchange Club at its luncheon meeting at the Hotel Severin tomorrow. He will answer questions after his address.

Townsend Clubs to Meet—Townsend Club 53 will sponsor a ‘penny supper followed by a card party %tomorrow at 5:30 at 3635 W. 10th St. Townsend Club 21 will hold a regular meeting tonight at 2214 E.

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IANA BELL TELEPHONE COMPANY

[MEE TREASURER FOR FINNISH RELIEF

Hiram W. McKee, Union Trust Co. assistant secretary, has been appointed state treasurer of the

“Owing to the severe winter

habilitation program the American public has so generously embarked upon,” Albert J. Beveridge Jr., state chairman of the relief fund, said as he announced Mr. McKee's appointment. “Americans always have admired liberty loving, independent people such as the Finns. Right now they are fighting for their lives. Let us help them in that fight.” The relief fund headquarters are at the Claypool Hotel, Room 363.

LEASES BLOOMFIELD NEWS BLOOMFIELD, Ind. Jan. 4— Bryan G. Martin has become editor and publisher of the Bloomfield News. He has leased the paper from Mrs. Edith Maddock Sims, who was editor and publisher since the death

THE INDIANAPOLIS TIMES

of her husband, Paul Maddock, in 1936.

Nature Builds

Times Special CHESTERTON, Ind, Jan. 4—A faulty switch on the pressure supply line of the Chesterton

Water Co’s elevated tank and Mother Nature have combined to give Chesterton a work of art. Saturday night the pressure line froze when the switch wouldn't turn off, and water began dripping on a tree near the tank. The heavy weight of the ice broke off a number of limbs and the resulting formation, some 30 feet in height, looks like a chapel of ice. As the water continued to drip, a steeple was formed and then a sort of roof over the tree. Even-* an entrance was provided as icicles patterned themselves into a lacy network downward from the top of the tree. Caretaker Thomas Wiseman promptly took advantage of the situation and placed a number of colored electric light bulbs in the center of the ice-formed chapel. The switch was fixed the next day, but Chesterton still has the a EE

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Parke-Davis Haliver Oil 100’s

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50c Garglette Antiseptic .. 25¢ Carter's Liver Pills . . 35¢ Energine, fireproof . . Squibb's Adex-Yeast Tabs, 250 $2.39 Upjohn's Citrogorhonates, 4; 1 ozs. 57¢c

Aspirin, 100's

60c Sal Hepatica . . : $1.50 Pinkham's Compound “ 75¢c Doan’s Kidney Pills . . .

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27c

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HIKE IN GOAL RATE

WASHINGTON, Jan. 4 (U. P.) — Frederic L.- Kargis, director of the Consumers Counsel Division of the Coal Board, said yesterday that proposed minimum bituminous coal prices would increase the nation’s coal bill $44,000,000 annually, and that the division would oppose the proposed rates.

The schedule, he said, would increase the cost of every ton of coal bought for homes by 9 cents a ton and would boost the price of industrial coal by 20 cents a ton. Mr. Kargis said that the Consumers Counsel was prepared to present its testimony before the Bituminous : Coal Division when hearings are resumed Jan. 5. He said that soft coal users in Minnesota, Wisconsin, Iowa, Illinois, Missouri, Indiana and Ohio would be especially interested in his presen- | tation,

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CITY ROBBER FILES HABEAS CORPUS PLEA

MICHIGAN CITY, Ind, Jan. 4 (U. P.).—Two pleas for habeas corpus to gain freedom were on file in

La Porte Circuit Court today by convicts at the Michigan City State Penitentiary. Angelo Gengo of Gary charged that his attorney, Louie Holland, pleaded guilty for him in 1935 without Gengo’s knowledge or consent. He was sentenced to a 10-to-25-year term for robbery and additionally to 10 years for armed robbery. Gengo attempted to escape from the prison Feb. 10, 1938. The second plea was filed by Maurice Martin, sentenced at Indianapolis on a charge of robbery and grand larceny in 1932. He contended that under good behavior his sentence should be cut three years and four months.

THURSDAY, JAN. 1, 1940 .

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