Indianapolis Times, Indianapolis, Marion County, 23 April 1940 — Page 1
\ SCRIPPS — HOWARD §
CIRCUIT COURT ASKED TO HALT 2% ACTIVITIES
‘Funk Sues to Invalidate Exemption From Corrupt Practices Act.
A suit to remove the Two Per Cent Club’s immunity from provisions of the Corrupt Practices Act and to restrain the club from collecting assessments from State employees was filed in Circuit Court today by Glenn W. Funk, Republican candidate for Prosecutor. The complaint, which if successful would hamstring the Democratic State organization’s principal source of campaign revenue, names more than two dozen defendants, headed by: Bowman Elder, former treasurer
of the club and a leader in the Paul V. McNutt-for-President campaign. Among the other defendants are Governor M. Clifford Townsend, Mr. - McNutt, Frank M. McHale, Democratic national committeeman and McNutt campaign manager, and ‘Lieut. Gov. Henry PF. Schricker. Most of the defendants could not be reached for comment. One, Democratic State Chairman Pred F'. Bays, indicated that a statement may be made 'in behalf of the club 85 soon as attorneys study the legal aspects of the proceedings.
Charges Levy on Business
The suit charges that the 1933 amendment to the Corrupt Practices Act removing the club from provisions of the Act is unconstitutional because it fails to confer on Mr. Funk and others similar immunity and privileges. Besides levying assessments of 2 per cent of the salaries on State officers and employees, Mr. Funk charges. the club and its member defendants also “exact from various individuals, associations and or corporations doing business with, or hoping to do business with the State of Indiana and or said defendants, assessments . . . based on a pro rata apportionment of the business 50 done. . . .” .. A question. is raised in. the suit ‘whether the Hoosier Democratic Club, Inc., the original club, ever was. dissolved after the enactment of the Corrupt Practices Act amendment. Mr. Funk, in a statement, said that although the ‘Secretary of State’s office reports that articles of dissolution were filed on April 7, 1933,” Mr. Funk’s attorneys, George A. Henry and B. L. Eltzroth, are unable to find any legal dissolution of the original corporation.
New Name Adopted
The club now is known formally as the Hoosier Democratic Club, the name adopted when the corporation was dissolved. Mr. Funk said that if his plea for a declaratory judgment invalidating the 1933 Amendment is 'sustained, it would become a felony for the officers of:the club to fail to report what they collected and disbursed. More than & score of Federal Treasury agents have been investigating the club’s income and expenditures for more than six months to determine if the organization’s officials are “in the clear” on their income tax returns. In his statement explaining the suit, Mr. Funk said: “All the Republican candidates for Prosecuting Attorney and most of the candidates for State offices have publicly denounced the Two Per Cent Club but no one seems to be moved to do anything more than talk about it.
Believes Operations Illegal
“I believe that its operations are both illegal and corrupt and contrary to public policy, and I am bringing this suit because the Indiana Declaratory Judgment Act provides. for the determination by the courts of such questions as are here raised. “I do not seek the privilege of levying assessments for the benefit of my campaign and I am in full accord with the law that requires public. accounting for the money spent in my behalf. “I do think, however, that it is (Continued on Page Three)
ANNENBERG PLEADS GUILTY IN TAX CASE
CHICAGO, April 23 (U. P).— Moses I, Annenberg today pleaded guilty to evasion of $1,692,848 taxes on the income from his vast publishing and horse race information services for 1936, but pleaded innocent to all other income tax charges
against. him. 80. 8. District Attorney William "J. Campbell announced the Government would dismiss all the other counts against Annenberg. The original indictment had demanded $5,548,384 in taxes, interest and penalties for the years 1932-36.
NEW YORK STOCKS FIRM; TRADING QUIET
A firm tone was displayed by New york stocks today as leading issues strengthened the general list. Special ‘issues made wide gains. Trade was quiet. Corn and wheat sold at _ steady prices at Chicago after early weakness.
Another new top of $640 was : , cetablished in hog prices at Indians_ today as those weighing more § sold 5 cents higher, ere unchang
The In lia
FORECAST: Rain and somewhat cooler tonight; tomorrow partly Soudy.
VOLUME 52—NUMBER 37
Seeks Injunction
Glenn W. Funk . . sues to - hamstring Two Per Cent Club.
ZONING HEARING HITS LEGAL SNAG
7-Day Notice Necessary on
Emhardt Says.
The Zoning Board's decision to reconsider a variance for a restaurant at 3710 N. Meridian St., at a public hearing Monday ran into a legal snag today which may force postponement, of the hearing. Adolph Emhardt Jr., the Board’s attorney, said the City Zoning Ordinance makes it mandatory for the Board fo publish notice at least seven days Jin advance of a hearing. The Board made its decision to hold the hearing Monday too late yesterday to permit the insertion of the notice in newspapers. ‘Would Not Be Legal Since there is now less than seven days until Monday, the meeting cannot be held legally on that day, according to Mr. Emhardt. With Board President George T. O'Connor out of town today, it was unlikely that a new date for the hearing could be set until tomorrow when he returns. Mr. Emhardt said that the hearing, if held Monday without legal notice, would not be valid. Board members yesterday decided to reopen the controversial case at the request of N. Meridian St. property owners, after amending the rules to permit a rehearing. Harmon A. Campbell, City Council's representative on the Board, was the only member to oppose reconsideration in a roll call vote. The Board approved a permit for the erection of a $325,000 apartment building of 84 units at the southeast corner of Delaware and 13th Sts., with the provision that the seven-story structure be built within the building line. Heeding the protests of E. Washington St. property-owners, the Board denied the petition of the Wheeler Catering Co. to erect a $125,000 restaurant at 6241-43 E. Washington St. Residents said the drive-in feature of the structure would constitute a (Continued on Page Two)
WHITE AND WABASH FALL, PERIL EASED
Damage May Hit Only Crops, Bureau Says.
LOCAL
6am... Sam...
TEMPERATURES 49 11 a.m. ... 53 50 12 (noon)... 54 8am ...5 1pm... 5 9a m ... 51 2pm... 53 10a. m. ... 52
Both the White and Wabash Rivers were falling today at all but the lower reaches, where the streams will not crest for a day or two. .H. Armington, meteorologist, said ‘that damage probably will be confined to crops. The Weather Bureau forecasts rain and cooler weather for tonight in Indianapolis and partly cloudy skies for tomorrow. The east fork of White River has risen two and a half feet in the last 24 hours at Shoals ahd stands at 244 feet with a flood stage of 20 feet; it rose 1.3 feet at Petersburg in the last 12 hours, stands at 22.6 feet with a flood stage of 16: and rose 2.1 feet at Hazelton in the last 24 hours, stands at 22.1 feet with a flood stage of 16. Mr. Armington said that it is unlikely that the water will cover any but farmlands, even though the river will continue to rise another day at Shoals and a day and a half to two days at the other two points. All other stations reported streams falling. The Wabash at Mt. Carmel has risen nearly a foot in the last 24 (Continued on Page Three)
TIPSY DRIVER FINED $103, SENT TO FARM
Arthur Burton, 35, of 1111 Minkner St., told Municipal Court Judge John McNelis today that he could not remember whether he was intoxicated while driving his car Sept 18, 1939. Patrolman Thomas Kegeris' told Judge McNelis that he remembered Burton was drunk, that Burton ran a preferential street at Oliver and River Aves, and had no driver’s license. Judge MeNelis fined Burton $100 and costs and sentenced him to 180 days on the Indiana State Farm on the driving while drunk charge; $1 and costs on the charge of being drunk; $1 and costs on the running a preferential street charge, and $1 and costs on the failure'to have 1-
Restaurant Variance, =|
‘|years ago with a divorce.
F.D.R’S TOUR GIVES NO CLUE ONTHIRD TERM
Swing Across U. S. in June Expected to Aid Drive For Liberal Nominee.
. By LYLE C. WILSON United Press Staff Correspondent NEW YORK, April 23.—President Roosevelt's trans-continental counter attraction to the Republican national convention furthers his campaign for a liberal Presidential ticket = but whether it launches a third term candidacy remained today a White House secret. He tentatively scheduled a 21-day journey which may extend as far as Alaska. Outward bound he will visit North Carolina, Tennessee, Mississippi, Texas, California and Washington—all relatively safe Democratic states.
TOPEKA, Kas., April 23 (U. P.). —AIlf M.- Landon, Republican Presidential candidate in 1936, said today when asked to comment on President Roosevelt's proposed transcontinental trip in June: “Well, he did it four years ago. “But with world affairs in the state they are in, I am a little surprised that the President could plan such a trip at this time.”
Principal interest is in his return|
itinerary which presumably would take him through the 1940 political battlefield which lies largely in the lakes and mid-Atlantic areas. Assuming Congress adjourned early in June, the President would be traveling and speaking during the Reublican convention. He adopted the same strategy in 1936. Doubt Mind Made Up The consensus here is that Mr. Roosevelt has not made up his mind on a third term. But he is committed to obtain liberal Democratic candidates for President and Vice President and a liberal platform or to bolt the party.
To that extent he has stated his|
position publicly and emphatically. Washington bubbles with conflicting versions of his reaction to direct questions whether he will run again. "Some-persons believe him de~ termined to retire from office next January and others assert that circumstances could compel him to accept renomination. Senator Sheridan Downey (D. Cal.), one-time counsel to the Townsend old-age pension organi(Continued on Page Three)
CENSUS COUNTING BEHIND SCHEDULE
WASHINGTON, April 23 (U. P.). —Census officials estimated today that they still have 17,000,000 people to count. Those include that part of the population which is the hardest to reach—people who live 'in isolated places, on farms, and those who were not at home when the eonsiiss taker called. Officials said that the census of urban areas took a little longer than the estimated two weeks. A shortage of census blanks was responsible in some areas. The farm census, however, is even - further schedule. Two of the first towns to report were Troy, Ind., with 599, and Chrisney, Ind, with 437. Both figures are up slightly over 1930.
SAFECRACKERS GET SIRUP FOR PANCAKES
Safes in three South Side business places were entered last night by burglars who obtained $150 in cash and a gallon of maple sirup. They entered the: Forbes Lumber Ce., 1923 Shelby St., and found a sign on the safe which read: “Safe not locked. Pull handles down and door will open.” They did this, and
about the office but there was no money. They battered open the safe of the J. H. Amt Co., 1928 Shelby St., and took $150 cash. They battered cpen the safe of the Bennett Coal Co., 130 E. Moryis St., and found no money. They took one of six gallon cans, of: maple sirup.
REPORTS CONSUL SHOT STOCKHOLM, April 23 (U. P.).— The newspaper Dagens Nyheter today quoted. an American seaman, Patrick King, as charging that German troops shot the British
scattered the books and contents],
\
TUESDAY, APRIL 5 1940
ALLIES
BOMB
oF
Entered as Second-Class Matter at Postoffice, Indianapolis, Ind.
7
7
IRPORT AT 0 REPORT SKAGERRAK SEA B:
British Raiders Leave for Norway
“Su prensacy of “the air Is at stake as German’ “and Allied
“Sorces ‘batite over Norway:
ea-Avme Photo. squadron of
British Royal Air Force Bfistol Blenheim bombers is etched darkly against the sky as it $akes off for another raid on Nazi air bases in Scandinavia. =~
P.-T. A. Acts to End Political Control of State's Schools
800 at Indiana Congress Here Also Plan to Ask Merit
MILK CONTROL ACTION DELAYED
Foundation Granted Until May 1 to Study Order For ‘Open Market.’
A scheduled hearing on an order which would establish “an open and competitive Marion County milk producers’ market” today was postponed by the State Milk Control Board until May 1. The postponement came after the meeting already had assembled in the House of Representatives
behind pchamber. The petition for postpone-
ment was filed by C. Winfield Hunt, executive secretary of the Milk Foundation of Indianapolis. Mr. Hunt, in asking the delay, said that ample time had not been given all ‘those concerned to study the new order which was in some instances “radical” in the changes it would effect.
Consider Price-Fixing
However, the Board opened discussion on part of Mr. Hunt's petition, which asked the Board to withdraw an emergency order giving the Board power to fix the re-sale price of milk. This request would
mean that the Board would noj
longer fix the price of milk sold to the consumer, - Paul C., Wetter,. Indianapolis Federation of Community Civic Clubs president, lauded the suggestion of Mr. Hunt and told the Board that “this is something the consumers always have wanted and continually have fought for.” At the first suggestion today that there would be a postponment, protests were made by several ‘groups but all came to an agreement that the delay would be satisfactory if it were only for a week. Cheers and approving laughter greeted the suggestion of Chester Hammer, Marion County milk producer, who, facing the Board said
consul at Narvik,
By SAM TYNDALL Clarence Drook, 2205 E, 10th St, trotting horse owner and poolroom operator, was in two kinds of trouble
today—one more than he had expected. His started several He was ordered to pay $2500 to-his wife. Because he has insisted he is “practically a pauper,” without money to pay the judgment, he was brought before Superior Court Judge Henry O. Goett yesterday to explain his tax record, which showed he paid gross income taxes on approximately $8000 in 1939. The, tax record, supenaed hy Judge Goett, disclosed the income was from a business at 2205 E. 10th St., a poolroom. with one snooker
t trouble
(Continued on Page Three)
ficone and got into more trouble. Judge Goett, employing the technique he learned as Grand Jury Deputy Prosecutor, leaned toward Mr. Drook, who was twitching nervously: in the witness* chair, “Do you mean that $8000 was the income from the poolroom which only had one snooker table?” “Well, you see, judge, there is a lot of mcney you take in that doesn’t go to yourself, and isn’t income.” “What, for Goett asked. : “Well, there aie a lot of angles in running a poolroom.” “What?” Judge Goett pressed. “Well, you have to give dut cigarets. » ;
instance?” Judge
“Who dn you give them to?” Jt
table and a sof counter.
“Well, to poli
| collects on week-ends.”
System for Hoosier Institutions.
-
A resolution asking that the State Board of Education be removed from political control will be presented to delegates of the Indiana Congress of Parents and Teachers tomorrow at the 29th annual convention
in the Claypool Hotel.
The action will be requested in order that a long range school pro-
gram may be uninterrupted.
Eight hundred delegates repre-|-
senting 70,000 parents and teachers are expected to attend the threeday session which opened today. Resolutions as yet still in the formulative stage will be read at tomorrow morning’s session and acted upon on Thursday.
Merit System to Be Asked
The Congress also will urge recreation of an adequate attendance department in the State Board. The Congress last year asked that the office. of State Superintendent of Public Instruction be removed from the ballot and made appointive. Another resolution considered by the’ Resolutions Committee will ask that employees in State penal, correctional and benevolent institutions be placed under the merit system.
Other resolutions considered would re-iterate the Congress’ stand for enforcement of anti-gambling laws and support of legislation for local option in liquor sales. Another asks members to fight any curtailment of school programs in anticipation of plans for economy in government.
Urges Aid fo Youth
Members were urged to exert influences of the school, home and church to help young people adjust themselves easily by Mrs. James L. Murray. State president, ‘in her presentation of the convention theme, “The Future Belongs to Youth.” She said that perhaps 50 per cent were finding difficulties in making adjustments and urged that (Continued on Page Ten)
oe
Trouble Doubles for Poolroom- Operator When He Explains’ Angles’ to Judge Goett
that you have to give the police cigarets?” “We don’t do anything. It’s Just a custom, just a friendly thing. All the poolrooms in town do it.” “Where did the rest of the $8000 come from?” : “Some of it's from baseball tickets. ” “Oh, you sell ‘baseball tickets?” “I don’t sell them myself.” “You authorize their sale at your poolroom?” “Ves. ”» : “Who sells them to you?” “1 don’t know his name on Mondays and deliv
“them and
“How much do you get?” “Twenty-five per cent.” "HOW . ch; did you
got Task
FORMER BELGRADE POLICE HEAD SEIZED
Jugoslavs Urged to Join Nation-Wide Spy Hunt.
BELGRADE, Jugoslavia, April 23 (U. P.).—Milan Achimevic, former chief of the Belgrade police and former Minister of Interior, was arrested today and sentenced to confinement in the Bosnian Mountains. ‘The arrest of Achimevic came as this country—in the area where the first World War started—prepared for mass evictions of undesirable
foreigners as a precautionary move against a “Trojan horse” invasion. Achimevic was a minister in the Cabinet of former Premier Milan Stoyadinovitch, who recently . was put under confinement in a mountain town, Achimevic was sent to
Rogo Tica, in Bosnia, 50 miles from |
Sarajevo, the town where a young Serbian assassinated the Austrian Archduke Ferdinand and touched off the World War. “Authorities urged all citizens to enlist in a nation-wide spy hunt and it was estimated that from 6000 to 8000 foreigners who could not claim legitimate business here, would be ordered out. One trainload of 350 Germans was said to have gone already.
SENATE PASSES TWO
INDIANA BRIDGE BILLS:
Times Special
WASHINGTON, April '23.—Two
bills introduced by Senator Sherman |
Minton = of Indiana concerning bridges in his state were passed by the Senate yesterday and ‘now go to the House. One authorizes the Indiana State Toll Bridge Commission to build a
bridge across the Onis meu C
He comes | “©
coast of Norway.
sector; toward which British
ANSWER BOMBS
Most of City Stays Indoors; ~ Shops Closed After French Warning.
_ By FRANCIS M’EACHAN —+ United Press Staff Correspondent
MELLERUD, Swedish Frontier,|| April 23.—Allied airplanes hombed
|the Oslo airport for two and one-
half hours early today in their first. counter-blow at German forces || in ‘the Norwegian capital. Squadron after squadron of Allied planes unloaded bombs on the air field which the Germans took over two weeks ago. The German forces had been using the Oslo airport as
an important terminal of their aerial transport lines from Den-| mark to the north. Two French planes had given res-| idents of Oslo a warning of the air-| port bombing yesterday. Shortly after noon they flew over the capital at an altitude of about 20 000 feet and scattered leaflets saying that the Allies were going to start air operations in the Oslo sector. | The first bomb landed near the center of the city, just around the corner from the Continental Hotel and did considerable damage. The explosion warned the population that the attack had started but it was the only evidence of a bomb explosion I saw within the city this morning. The other bombs apparently all landed in the northern suburbs around the airport. No air raid
the attack ‘but the city was immediately blacked out and heayy
a ring of German batteries around | the city. Seer lights pointed into the sky trying to pick out the bombing planes. The explosion of bombs continued, however, without interruption for two and a half hours. This morning none of the Oslo shops. was opened and the s‘reets were deserted. The population stayed indoors. I was told that a large number of people had somehow managed to get out ‘of the city despite the German precautions. Most of the residents, however, stayed Oslo. |
MRS. ORA W. LESH
Descended From . Pioneer Indianapolis Family.
Mrs. Ora W. Lesh, long prominent a
in Indianapolis civic and social af fairs, died today at her home, 2635 Central Ave. She was 73. Mrs. Lesh, a lifelong resident of Indianapolis, was the j Charles P. Lesh, founder of the C.
1927. | She was a descendant of the
a vital factor in the race among Allied a the Scandinavian conflict, lasted for two and one-half hours. On two other fronts the armed forces of Britain, France and Norway fought attacking German tr ops. North of the important coastal city of Trondheim, the Germans claimed to have strengthened their positions after fighting in which they apparently stood off a British-Nor-wegian thrust and then counter-attacked i what the British War Office called a “sharp engagement. i The fighting was believed to have been i in the Levanger
warning siren was sounded during],
anti-aircraft fire was opened up by, !
IS DEAD HERE AT 0
Planes Roar Over Norwe gian | | Capital for Two and a Half Hours to Attack Berlin's Aerial Transport Terminal.
(A detailed map of the war fronts may be found on Page 13)
By JOE ALEX MORRIS United Press Foreign News, Editor
Allied bombers carried the war in the air to Oslo today, while German warships and transports were believed to have clashed with British warships in the Skagerrak off the south
The raid on the Oslo atrport, used by the Germans as the terminal for their aerial transport ute from 4
d Nazi troops
troops landed at Namsos had
advanced southward while other Allied forces landed at
NAZI BATTERIES
Andalsnes | sought to move northward to strike at the
Germans from south of
Trondheim. ‘on anotijer front—in cent al Norway—the British War fice anion said that British and Norwegian forces were resisting German pressure. The line of resistance was not given but it was believed to be north of the towns of Hemar, nd Elversum and possibly north of Lillehammer, to which the | Nazis previously had thrust a shy Ip salient.
; | Neither Claim Big Advantage '
| -In neither. of these battles did either side| claim any great ade vantage, although the German official ne agency—as ~ distine guished from the High Command announcements—said that reine forcements | had arrived’ at Tronde heim, that the “enemy” had been repulsed in| a two-hour battle north of the ot and a village had been captured. | This, the agency said, strengthened the German position in that area. The British War Office commu= nique merely referred to a German | “counter-attack” north of Trond- | heim, which presumably meant that the Allied forces previously had attacked the Germans without gain and had -then faced a. German counter-thrust in a “sharp engages ment.” No claims of Allied suce cess were made in the Trondheim sector, On the (Central Front the British gave no |indication of where: the fighting was in progress, merely saying that British - Norwegian forces “resisted” the Germans who had been advancing north from Oslo. ‘Naryik Situation Obscure
Nor was there any announcement of developments at Narvik, where the British, were reported to have started an assault from land and
Norway the eighth Allied tinued on Page Three)
The company: employs from 900 to 1200) workers and ‘is the largest single employer in 1 ng
loo)
11, the former erited a 30-mile
of]:
P. Lesh Paper Co. Mr. Lesh died in aan