Indianapolis Times, Indianapolis, Marion County, 27 March 1940 — Page 16

| Apri 5 to File Brief in Damage Action.

| The issue of “19,000 questions in ne” today complicated the $5,000,~ ) damage suit against George A. ces., Muncie multi-millionaire. . Attorneys for Mr. Ball and for ~ the financial interests seeking the damages, presented arguments on | pending matters in the case bee Judge Robert C. Balfzell in gderal Court today® in efforts. to pare the case for trial during e May court term. e judge gave the defense un- | April 5 to file a brief and said at he then would appoint a spe- | master to hear the more com-

Fer for the plaintiffs, RobR. Young, and Allan P. Kirby, [ew York financiers, and the Seapard Co., Ltd. of Nassau, the Baamas, today sought to obtain anvers “from Mr. Ball to 868 quesons. It was one of these questions . hat Mr. Ball's attorneys said really ‘The complex multiplication reted from the fact that the ques‘tion asked whether Mr. Ball ever ‘had a conference with anyone of 5 individuals between May, 1937, 'gnd November, 1938, and whether

Spurred by Col. Roscoe Turner’s praise of the Y. M. C. A. for its training of youth in Americanism ‘and physical developments, 250 volunteers today began a drive for more participating members of.

the “v.”

ited; iowever. that all Whe oul The colonel and Fermor SS.

ions were legal under the:rules of ederal practice. | | The suit, largest of its kind since the Securities Exchange Act was | passed in 1934, charges that before | Mr. Ball sold controlling interest in i the Allegheny Corp. to the plain- | tiffs, he artificially and illegally ! raised the market value of the stock [ha $5,000,000.

Two University of Illinois stu-

tracks, Washington St. crossing. The auto spun around three times on the slippery pavement. |The accident occurred after Municipal Court Judge Charles Kara-| bell warned drivers that he will suspend licenses of drivers “who persist in disobeying railroad crossing signals.” Sergt. Clifford Richter, alone in a squad car parked 50 feet away from the crossing, saw the accident in which the students, Clifford Spear, 20, St. Clairville, N. Y., and Gerald Homann, 20, Mattoon, Ill, narrowly escaped injury. | Sergt. Richter said he had a hunch that some one might bump his car from the rear and knock it into the path of the approaching train and therefore parked well back. As he waited he saw the approaching auto start across the track; although, he said, the flasher signals were working. The | train, a south-bound freight Yavelling about 25 miles an hour, ruck the back end of the car as it almost cleared the track, and spun the auto around three times, knocking it against the curb not far from the squad car. | + Sergt. Richter went to the car and

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dents early today escaped injury| when their car was struck by aj freight train at the Belt Railroad |

|(U. P.) ~The

1 Launch Y. M.

Campaign M

8 lare not governmental—will file a

Times Photo.

Fermor S. Cannon (left) and Col. | Roscoe Turner . « ¢ the colonel describes a thrill in the Songs:

Cannon, | Y. M. C. A president, spoke , at last night's banquet opening “Y. M. C. A. Week.” The [first report meeting of the cam|paign will he made tomorrow. | Clayton O. Mogg, general chair- : an of the drive, was toastmaster night and presented Parker IP. Jordan, general secretary.

Train Hits Car at Crossing As Karabell

Warns Drivers

learned that the two youths were not injured. “Didn't you see inet railroad signal?” he asked. “I thought it was a neon sign,” 'said Spear, the driver. “I hate fo do it, but I must arrest you on charge of disobeying a rail- | oa traffic. _signal,” the sergeant sai The youths told him they had spent Easter vacation at. Spear’s home in New York, and were returning to their studies. “This is one lesson I guess you have learned,” the sergeant said, “and that is to stop for railroad signals.” Spear was released on an $11 cash bond. The car was not badly damaged, the sergeant said. Judge Karabell; fining Chester O. Tingle, 23, Whiteland, Ind. $1 and costs and revoking his license for five days on a charge of disobeying a railroad signal, said “I am going to keep peotle from getting killed if I can.” One man was killed Saturday when the car he was in was driven onto a railroad track despite flasher signals.

Hoosier Killed as Train Hits Truck

VINCENNES, Ind., March 27 (U. P.) —John J. La Cleve Jr., 31, Seeleyville, was killed yesterday when

a €hicago & Eastern Iilinois passenger train struck his semi-trailer truck at a crossing here.

BANGS’ BOARD BILL PAYMENT APPROVED

HUNTINGTON, Ind, March 27 right of Edward Smith, receiver of Huntington's de-

"[funct municipal. electric utility, to

use funds of the utility to pay board bills to keep former Mayor Clare W.

IH. Bangs in. jail has been upheld

by Speical Judge Clarence R. McNabb of Ft. Wayne. Judge McNabb, sitting in. Huntington Circuit Court yesterday, overruled a petition by Luther Orr, a creditor of the utility, to prevent Mr. Smith from paying the board bill for Bangs and J. Clayton Brown, former city construction foreman. Bangs and- Brown are held in the Allen County: Jail on contempt charges untill a judgment against

them for $4300 in paid.

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‘and Thomas; brother, Slam.

'|Survivors‘ Husband, Benjamin; daughters,

| sér; ames,

State G ss Levy Division To Begin Check in - Two Weeks.

An audit of Indianapolis City books will begun by the. Gross Income Tax Division within the next two weeks, Gilbert K. Hewit, Division director, said today.

The Division is undertaking an audit of the books of all the larger Indiana cities following a notice to the Indiana Municipal League .that

non-governmental functions of city administrations.

When the audit is completed, Mr. Hewit said, Indianapolis &nd the other cities which are not paying gross tax on these functions will be billed for the full amount of tax,

Test Case Awaited

When these bills are received the City of Evansville—which has the widest range of functions which the Gross Income Tax Division says

test case in. the Vandenburgh Circuit Court. It is expected this case will be taken to the Indiana Supreme Court quickly for a decision as to what municipal functions are taxable. »

Indianapolis and most other cities now are paying .gross tax on the income of municipally-owned public utilities. The Gross Tax Division seeks to collect taxes also on the following activities, all of which the division says are in competition with private business: 1. Airport: Receipts from rentals, charges, sales and concessions.

Rents From Property

2. Rents from . city property, wharves and city market space. 3. Swimming pool admissions, concessions, rentals and charges. 4; Golf courses: Green fees, rentals, sales of equipment, meals and concessions. | But not dues and membership fees. 5. Parks and amusement grounds, rents, sales and concessions. 6. Cemeteries: Sales of lots, services, vaults and markers but not on the sale and interest on bonds. 7. Housing authorities: Rentals and sales but not on bonds. The Division holds that sewage disposal plants. are taxable as to the sale of biproducts but not on fees derived from operation. Parking meter receipts also have been exempted under a ruling of the Attorney General. The Division does not seek to tax the income from dog pounds or public libraries.

19 OF 55 PASS BAR EXAMS FOR MARCH

The State Board of Bar Examiners today announced that 19 of 55 persons taking the March, 1940, bar examination had passed. Successful Indianapolis applicants were Bryce Beecher, 1309 W. 35th St.; Paul E. Blackwell, 1409 N. Warman Ave.; Lora D. Lashbrook, 1802 N. New Jersey St., and Harry P. Zaklan, 4469 Washington Blvd. Others who passed were Arden N. Butler, Culver; James M. Callahan,

paraiso; Robert W. Davis, Corydon; Jack Finney, Bloomington; Maurice N. Frank, South Bend; John T. Hays, Sullivan; Earl D., Lytal, Ft. Wayne; Robert E. McHaffie, Danville; Robert Earl Rabiner, Gary; John Reiber, Ft. Wayne; Anthony B. Roszkowski, Gary; Ray O. Sine, Gary; ‘Wendell Tombaugh, Rochester, and | John Louis Williams, Bloomington.

HOLD ‘HEX MOTHER’ IN KILLING OF SON

W1LKFES-BARRE, Pa., March 27 (U. P.).—Two-year-old Frank Orban died in a hospital today from the effects of poison forced down his throat by his mother, who told police she did not want him to grow up “to attack girls.” The mother, Mrs. Mary Orban, 34, was held | in jail without bail for a sanity hearing. District Attorney Leon Schwartz said she had poured a pint of washing solution own the

East Chicago: Leo J. Clifford, Val-|.

State Chapter of the Rainbow Division veterans will meet at 8 p. m. Friday in the World War Memorial to formulate plans for the Indiana convention of the Division here in June. ' Motion pictures. of the 150th Field Artillery on parade last armistice’ Day will be shown. Arrang-

S. Whittaker, C. C. Trueblood, John M. Gaylor; James I. Veach and Stewart Tomlinson.

Kappa Delta Rho. to Meet—Kappa Delta Rho fraternity will meet today. at 7:30 pm. in the Hotel Washington to organize an Indianapolis alumni group. The fraternity has chapters at Franklin College, Indiana University and Purdue University.

C. I. 0. Convention Date Set— The first state convention of all local unions affiliated with the C. I. O. will be held Sunday, April 7, at 168 W. Ninth St. .Allan S. Haywood, director of organization of the congress, and John Brophy, director of local industrial unions from the national Office, will speak. James Robb, regional C. I. 0. director, will preside.

Second Pediatrics Course Today— The second of a series of four postgraduate courses in pediatrics, sponsored by the t-graduate | educational committee of the Indiana University School of Medicine, will be held this afternoon and tonight at the I. U. Medical Center. Dinner will be served in Riley Hospital. The third course in the series will

on April 10. The courses are to all practicing physicians.

Philatelists to Meet—Plans - for the meeting of the Indiana Stamp Federation here next month will be completed at a meeting of the Indianapolis Stamp Club in the Hotel Antlers Friday night.

be given next Wednesday and the Sus]

Thomas A. Lynch, a member of the police force 17 years, was retired on disability pension: yesterday by the || Safety Board. He has been ill several months. : Fred L. West, a firstgrade private in the Fire Department, was promoted to chauffeur by the Board on recommendation of Fire Chief Fred Kennedy.

Mexico Topic: for Talk—Parke A. Cooling, who has just returned from a trip to Mexico, will speak on “Mexico Today” at 6 p. m. tomorrow at the Broadway Methodist Church. :

Named on Four Committees — rank J. Viehmann, State Insurance ommissioner, today was notified of his appointment to four committees of the National Association of Insurance Commissioners. They are examination, taxation, fire and marine real estate appraisals, and appraisal forms.

Club to Sponsor Party—Townsend Club 21 will sponsor a card party at 7:30 p. m. tomorrow at 2217 E. Michigan St.

YOUTH’ ABSOLVED IN ROBBERY OF FATHER

SOUTH BEND, Ind., March 27 (U. P.).—A St. Joseph County Circuit Court jury, after four hours deliberation, Jast night found Howard Heintzelman, 24-year-old former star high school athlete, not guilty on a charge of accessory before the fact in connection with the robbery of his father’s dairy last December. Young Heintzelman was implicated in the theft by Steve Wzesinski and William Monacy, both of Gary, who previously pleaded guilty to robbery charges. They claimed that Heintzelman had helped them plan the theft while the three were serving time together in the State Reformatory.

HOOSIER FOUND DEAD MOGADORE, O. March 27 (U. P)—A man found dead in the Camp County brickyard was identified from a Social Security card to{Sey AY James Askey of Cumberland,

child’s throat.

STAT

BOONVILLE—Edward Stamps

vivors: Wife, Maude; sons ae Pe.

Survivors:

CHRISNEY—J. C. Fella, 4. Qaughuars

Sons, John, Cyril and Francis; Mrs. Agnes Goebel, Mrs Ben B

CRAWFORDSVILLE — Benjamin 8. Kennedy, 81. | Survivors: Sister, Mrs. Lavina Henry; brother, George.

EVANSVILLE — Mrs. Belle Wright, 72. . Pear] Hart, Mrs. Mae Made Whitmer and Mrs. lds. “Giooly: brothers, Edward and George God William Ebert, 74. Survivors: Daughter ; flliam Steffen; sisters, rs. Fre Kuehn and Mrs. John Cramer; brothers, George, John, Peter, Henry and Joseph. Mrs. Henry Hensz, 79. Survivors: Son, Henry; sister, Mrs. Anna Weiber. 58.

FRANKFORT — Willard E. Milner, Wife,

Survivors: Elva; ; sister, Mrs.

Hammer

GREENTOWN—Joseph ~Saylors, 19. BurTivors: Parents, Mr. and Mrs, Darrel Say- ym ve

MLOCK—MTrs. Lola Warner, 43. Burin Dangh} ers, Mrs. Imogene Vandevender and Miss Virginia Warner; r,

Samuel Hughes; mother, = Mrs Lillian Rick R pos

HOMER—Mrs, Bertha E. Li igptaer 48 Survivors: Husband, Charles; ard, Charles, Chester, Bruce, Floyd, Glen, Blount and Frank; brothers, Elmer an

John Smith. KOKOMO—William H. Summerton, 64. Survivors; Wife, Mary Ann; daughter, Mrs.

Nellie Gilbert: sons, “William. Fred,

as; Albert and Paul. LAGRANGE—Elias C. Wemple, 83. Survivors: Wife, Gusta; stepaaughters, Mrs. Howard Minnick and Mrs. Pauline Strawstepson, Charles Carrier; brother, Su

LEBANON—William T. Rowan, 48. - vivors: Wife, Fenta; sisters, £55; Sle Berry, Mrs. Lyle Neal and Howard. MARION :— Mrs. Arthur J. Morrow PL Husband, brother, Oren E. em; sons, Lowell, Kenneth, Lawrence, Oren

and . Dinius, 59. Survivor

E DEA

Me Luke "Boultinghouse’ sister, "Miss Julia ; NEW ALBANY

May |.

M.| G Vv.

THS

HAWARS AKA ik C. homes Survive ors a; 24 ad Feliingham; sister ish; . F. McCain. Eo by oe Almeda Mur68. Survivors: Sons Berl Otis and C12h: sister, Mrs, Mary Coom Catherine Mc(Cat-

8 Jennie Stewart, Mrs Thomas A Moore and Mrs, Te liar Seiler. PETERSBURG—Henry Sherman, 45. Survivors: Wife; sons, Marion, Maurice and a ; daughters, Cl Woods and rs. Emmerson Sattler. PRINCETON—David C. Hann Al ur; brother, B.| Woods and ‘Mrs

na, 73. ht 0. OH,

Thompson. SOUTH BEND A, M. Russell, 67.

vivors: Wife; A. John; sister, Mrs. "william Swain,” TR Walter Porter.

ENNES—Mrs. Hattie Shek, 86. orge Daub, Surife, 3 gos and sister, v s. OC. Wileinschmidt, Cuhlman and Mrs. Fred Win Sarah Dunn, B54,

Surbrother,

Clarence: ’ Mrs. Pr ternheimer. WHEATLAND Survivors: Seve

Ad ET

WAK UP YOUR 4

Mrs. childre

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us. Mrs. Lawrence Husband; son, Madison; stepbrother, Wit

liam Polkinhorn,

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M1 Patrolman Retired—Patrolman |

Fatalities Dip 112 Per Cent During Winter, Health Officer Reports.

A 12 per cent drop in pheumonia fatalities here during the five-month period when the disease is: most prevalent’ was announced today by Dr. Herman G. Morgan; city Heglth officer, * A total of 218 prieumonia deaths was reported from November until

March 25, he said. During the same |:

period a year ago, there were 335 deaths and 287 for the corresponding period two years ago. In comparing the recent “p:

and possibly more, the Heal ficer said.

Dr. Morgan said he believed the tneumonia had reached its peak in the third week of February | when there were 24 deaths. He warned, however, that the continued cold weather might result .in another wave of fatalities and urged citizens not to relax their vigilance against respiratory diseases which may develop into pneumonia cases. The five-month period in ‘which most penumonia deaths were reported included November | when there were 26 deaths; December, 25 deaths; January, 50 deaths; February, 69 deaths; and up to March 25, 38 deaths. Past experience has indicated that the pneumonia death line which begins to ascend in Novemker through February now descend to the zero point around June or July, Dr. Morgan said.

‘Guido E. Schoot will: be jinter-

Fleteher P. King (left) and Troy . W, Scott . ‘Darktown Minstrels.

Ripple “Lodge 643, F. & “will a “Darktown

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THIEVES GET PURSE, CLOTHING AND RADIO

A burglar climbed over the porch, opened an unlocked window and stole a purse containing $25 from a dresser, K. I. Hamilton, 3627 Winthrop Ave., reported to police today. A sneak thief entered the employees’ cloak room at the Toddle House, 1602 N. Meridian St.,’ last night and took clothing owned by Robert Padett and Victor McClain. Clothing owned by William Steekleton and Emral Gray was taken from the employees’ room’ at the Toddle House at 240 N. Meridian. A radio was stolen from the Glen

GROUP TO MEET -

Sessions on Eradication of Veneral Diseases Open | i Tomorrow.

| More than 400 physicians, nurses and others interested in eradicat: venereal diseases will meet here to morrow and Friday in a state-wide venereal disease conference. Sessions will open at 9 &. m. in Hurty Hall of e State Health Board Building at the Indiana Uni+ versity Medical Ce nter, Dr. George W. Bowmadn, chief of the Indiana ‘Venereal Diseases Bureau, will preside. Dr. Verne K. Harvey, State Health Board Commissioner, will give the address of welcome. Beginning at 9:30 a. m., half-hour papers will he read on phases of syphilis control. sessions will be on the subject of gonorrhea. ~ Conferees will study legal control measures for venereal s-hatal and pre marital laws Fri ay.

' BABY BUR D BY STOVE Sylvian Wilson, 19 months, was burned. on the neck and face last night when she fell against a stove in her home, 4218 E. 18th St. She was taken to City Hospital by her parents, Mr. and Mrs. Archie Wiison, for treatment. Her condition today was reported as fair.

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