Indianapolis Times, Indianapolis, Marion County, 29 March 1941 — Page 1

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NPIANA STATE

FINAL

VOLUME 53—NUMBER 16

Courts Lack Jurisdiction In ‘Ripper Suits, GOP

SATURDAY, MARCH 29, 1941

Entered as Second-Class

at Postoffice, Indianapolis,

PRICE THREE CENTS

Matter Ind.

Declares

ITALIANS ROUTED IN NAVAL BATTLE

PARTY SAYS NO LEGAL ISSUES

ARE INVOLVED

First Test of Schricker Actions Due Monday on Injunction Plea.

By VERN BOXELL

Indiana Republican officials, answering Democratic attacks on their “decentralization” of government program, charged today that the courts lack jurisdiction in the three test cases and injunction plea already filed. Arthur Gilliom and Fred Gause, representing the four G. O. P. State officials, filed all four actions in the Marion Circuit Court today. The first court test will

come

Valtin Fights U. S.

Monday, when Circuit Judge Earl |:

R. Cox will hear a Democratic plea, | filed by Attorney General George Beamer, for a temporary injunction order to block the G. O. P. program

until the other three cases are de- r

cided. Claims No Legal Controversy

In an affidavit by Lieutenant Governor Charles M. Dawson, filed in answer to the injunction suit,

the Republicans claimed that: 1. No property rights are involved —only political rights—in the attempt to enjoin G. O. P.-dominated | boards from making appointments | to State offices under the laws enacted by the recent Assembly, 2. In none of the other three cases is there any actual and justiciable controversy between the parties to the suits and that |

suits were brought by any party having any legal interests involved. | 3. Mere differences of opinions over validity or meaning of certain statutes passed by the Legislature are involved in the suits.

Appointments Termed Vital

4. The Marion Circuit Court lacks jurisdiction in a declaratory judgment suit, such as filed by the Democrats, until the appointments sought to be enjoined are made. Granting of an injunction, the reply contended, would prevent the existence of the necessary justiciable controversies. 5. A temporary injunction, if issued. would not maintain the status quo in public service pending determinaiton of the other suits because it would restrain only the koards set up by the new laws but would permit the Governor to make the appointments under the new laws May 1. Governor Schricker, in his injunction plea, said he intended to | make the appointments alone “and | is made a defendant (in the injunction plea) only for the purpose of having himself enjoined from actnig as a member of the appointing boards,” the G. O. P. reply contended.

“Inequitable, Unauthorized’

“It is& an inequitable and unauthorized attempt to employ judicial power in aid of political advantage to the Governor,” Lieut.Gov. Dawson charged, “and is an application over which the court has no jurisdiction. If and when any justifiable controversy involving the validity of the statutes in question do arise, there will be.ade(Continued on Page Two)

GOOD GOVERNMENT COMMITTEE FORMED

Governor Schricker today announced the formation of the Citizens Committee to Uphold Good Government, a voluntary group which will aid in the Governor's court battle against the Republican “ripper” bills. “This committee of volunteers,” the Governor said, “will support us in our effort to prosecute the suits to a successful conclusion.” Duties of the committee, he said, will include raising funds to finance the court fights, It is believed that the committee will set up its headquarters in Parlor C of the Claypool Hotel next week. Members of the committee are Dr. Carleton B. McCulloch, Indianapolis, chairman; John E. Frederick, Kokomo; Meredith Nicholson, Mrs. Samuel M. Ralston, Fred Hoke, all Indianapolis; Cornelius O'Brien, Lawrenceburg; Peter F. Hine, Crown Point; Sanford K. Trippet, Princeton, and Eugene B. Crowe, Bedford.

TIMES FEATURES ON INSIDE PAGES

Churches «... Clapper Comics Crossword «.. Editorials Fashions Financial Flynn Forum ....e. Gallup Poll .. Homemaking. In Indpls.....

sree 1 ee 7 8

the plant immediately.

reached Briefly, An imvartial mediator should act between the union and company in all disputes. :

FROIN

Richard Krebs, alias Jan Valtin, who wrote the best seller, “Out of the Night,” is photographed in New York after his release on $5000 bond following his arrest on a warrant instituting deportation proceedings. Valtin is a self-described former Gestapo spy and Communist He entered the United States illegally by jumping ship at

agitator. Norfolk, Va., March 6, 1938.

Quster

UAW CONTINUES

STRIKE AT ALLIS

Demands OPM Formula Be

Met; Progress Made In Other Disputes.

By UNITED PRESS United Automobile Workers (C. I.

0.) at Milwaukee voted this morn-| ing not to heed the recent appeal] by Navy Secretary Frank Knox and

Defense Chief William Knudsen that they resume production in strike-bound Allis-Chalmers

Arthur W. Richter, attorney for the union, said the union adopted

a resolution which set forth the socalled “OPM formula” as the minimum basis on which the men would! return to

work. This formula was the basis on which settlement almost was midway of the strike

it was understood to be:

This attempt at agreement failed

when the company reportedly demanded that a statement to the effect this closed shop be written compact.

did not constitute a

into the

The Milwaukee vote highlighted a

day which saw moves toward settle-

ment in several other disputes.

Other developments:

1. Federal and state conciliators conferred with Bethlehem Steel and union officials at the huge Cambria (Continued on Page Two)

BUREAU PROMISES A FAIR WEEK-END

LOCAL TEMPERATURES rhein 0 Mam. .... 34 rossi Mla.m .... 3 reser 33 12 (NOON) .. 33 aes 33 lpm ....38

m mm . Mm m

With temperatures running 8 to 10 degrees below the average, the Weatherman today promised fair weather for today and tomorrow. If the sun co-operates, the mercury is expected to hit the 45-mark today.

Oh, That's All | Right, Officer

| LIEUT. EDWARD F. MOORE | is a member of the Police Acci- | dent Prevention squad. On top of that, he was driving *he police loud speaker car which is used by police to warn motorists and pedestrians when they are violating rules and in danger of being involved in accidents. Yesterday afternoon, Lieut. Moore's car struck a car driven by John L. Yarling, 70, Shelbyville, at Michigan St. and Indiana Ave, leaving dents in one fender | of each car.

| Lieut. Moore made a formal report of the accident, appending the information that no one was arrested and that there was “hardly any damage to either car.”

TWO DEATHS LAID TO | CONTAMINATED DRUG

'U. S. Agency Seeks Medicine in Midwest Cities.

CHICAGO, March 29 (U. P.).— James O. Clarke, chief of the Midwest Food and Drug Administration office, said today “about 1000” bottles of a contaminated drug which has caused two deaths and several serious illnesses have been distributed as a pneumonia treatment in

at least 12 cities. The drug became contaminated with a sleeping powder. A force of 130 special investiga-; tors, Mr, Clarke said, has found the drug in retail stores at Chicago, New Orleans, Minneapolis, Kansas City, Omaha, St. Louis, Little Rock, Ark.; Louisville, Peoria, Ill.; East] St. Louis, Ill, and Memphis. The American Medical Association said the bottles, bearing trade label No. MP 029, were shipped last | December from the Winthrop Chemical Co., New York. They contain 100 to 1000 tablets of sulphathiazole, a sulphanilamide derivative, which accidentally became contaminated with phenobarbital, a strong sedative.

powerful |

CAPITAL WAITS SOME SORT OF CONVOY PLAN

The Question Is: Will FDR Consult or Sidestep Congress? By THOMAS L. STOKES

Times Special Writer WASHINGTON, March 29.—The question whether President Roose- | velt, if he decides on some sort of convoy system to deliver lease-lend materials to Great Britain, will ask Congress to sanction such a step is becoming a major subject of discussion at the Capitol. This is because rapidly developing events point more and more to some sort of convoy proposal by the Administration. Propaganda for convoys began immediately after enactment of the Lend-Lease Bill, under auspices of the Committee to Defend America by Aiding the Allies. It has become open and insistent, being projected most frankly by William J. Donovan after his return from abroad as an unofficial observer.

‘People Must Decide’

Col. Donovan, a prominent lawver and a World War hero, said the American people must decide now whether they are going “to deliver the goods” to England. President Roosevelt, in the isolation of his fishing trip, is pondering not only the problem of delivery of lend-lease materails—whether by convoy, and, if so, when and what Kind—but also, it is assumed, whether Congress shall be asked to ratify whatever method may be chosen. He knows that the latter course would precipitate another fight in Congress from those who fought the lend-lease bill. Senator Phillip La Follette (Prog. Wis), a lend-lease opponent, forecast today that the issue would provoke “a real scrap” in Congress. If the President decides to circumvent Congress in applying a convoy system, then he, as well as his leaders in Congress, will be accused of deceiving the publie.

Urge Referendum

Meanwhile, the group which led the fight against the lend-lease bill is planning an intensive campaign to impress the public with the seriousness of the situation. Leaders of the group in the Senate Joined with Senator Gerald Nye (R. N. DJ), in introducing a concurrent resolution which would require a referendum by the people before Congress would authorize or appropriate money for the use of the Army, Navy or Air Force outside the Western Hemisphere.

1000 DIE IN BREMEN RAID, LONDON SAYS

LONDON, March 29 (U. P.).—The Air Ministry said today that 1000 persons had been killed and 7000 wounded in one of a series of Royal Air Force attacks on the great German shipping base of Bremen. The ministry disclosed that the R. A. F. now is using a new type of bomber which can carry heavier loads of bombs, some as much as five tons. The Bonntor marshalling yard at Cologne, the ministry said, pointing out that it is a quarter of a mile long, has been completely gutted. The Air Ministry emphasized the inevitable civilian casualties and damage wrought in the R. A. F. attacks. Concerning the attacks on Cologne, it said: “Sound evidence exists that 400 houses were destroyed in hundreds ot fires, one of which was a factory which burned for three days. The city water supply was affected seriously and a water shortage was acute for several days. A main line

railroad also was cut.”

Fears New Chaos

HOOVER CITES WAR HATREDS

Questions Whether World Is Wise Enough to Avoid Mistakes of 1918.

NEW HAVEN, Conn., March 29.— (U. P.).—Herbert Hoover questioned last night whether the world will be wise enough after the current war to avoid the “chaos of agony” produced by the last and “exactly parallel” war, In a broadcast address to the New Haven Y. M. C. A, the former President said the last war failed to bring “either military, economic, or spiritual peace” and that “these failures rise now with great questions that must be answered.” “In a fog of emotions and appeals we are fast driving into the psychosis of war,” he said. “Whether we take the final fateful step or not, we have already made three positive appointments with destiny. One is that we will sit at the world’s peace table. Anotaer is that we face the problems of war emotions and war psychosis. The other is that we shall meet the financial, economic, and social aftermath of a war.” The 1914-18 conflict, “the first total war,” and the peace which ended it, Mr, Hoover said, produced nothing but misery everywhere because total war produces “total wickedness” and the “total emotions” of hate, intolerance, and a spirit of ideological crusade, . Into the impoverishment, bitter depressions, and revolutionary atmosphere which followed the last war, into “the chaos of agony came (Continued on Page Two)

DEMOCRATS PAY $25 T0 HONOR JACKSON

Senator Hill to Talk at Local Banquet Tonight.

Indiana Democrats, and Democrats everywhere except in Washington, will eat expensively tonight at the annual Jackson Day banquets where plates range from $50 to $10. In Indiana it is $25. The banquet at Washington was called off because of the absence of President Roosevelt, who is on a fishing trip. He will speak by radio to the other banquets. U. S. Senator Lister Hill of Alabama is the chief speaker for the local affair. He will arrive today and be met by prominent Democrats, including Fred F. Bays, Democratic state chairman; Albert O. Deluse, general chairman of the observance in Indiana, and Frank M. Hale, Democratic national committeeman. The banquet will be at 6:30 p. m. at the Claypool and Indiana's quota has been set at $30,000.

BERLIN ANGRY AS JUGOSLAVS HOLD UP REPLY

Warns That Reich Will Not Allow Belgrade Terror To Decide Policy.

By HARRISON SALISBURY

United Press Staff Correspondent Germany appeared to be preparing today for a showdown. with

Jugoslavia that may vitally affect the war in the Balkans. Both Berlin and Rome hinted that three days had been given the new Jugoslav Government to decide its attitude toward the Axis. The Berlin press reported disorders and insults to Germans in Belgrade. Belgrade dispatches said German tamilies were leaving or preparing to leave Jugoslavia. Budapest heard the Germans had halted Danube river traffic through Jugoslavia. The Official Italian News Agency Stefani reported from Belgrade that a German assistant military attache had been mobbed in the Jugoslav capital and that the German flag on the German tourist office in Belgrade had been torn to shreds.

Claim Envoy Hissed

Stefani said also that Viktor Von Heeren, German minister to Jugoslavia, had been booed and hissed by crowds while he was en route to the Belgrade Cathedral for ceremonies in connection with the as~ sumption of royal power by King Peter. “The Reich government does not intend to permit its policies to be decided by terroristic street mobs in Belgrade,” an authorized Nazi source said. “If forces in Jugoslavia think they must oppose friendship with the Axis and reject the pact with the Axis they must bear the re-

Italian battleship of the crack new Littorio class was damaged, probably severely.

aged in the first action and, according to Alexander's hints, may have been sunk. R. A. F. bombs, and the press asso-

ciation said these were in addition to the first two.

HUGE WARSHIP

AND 5 SMALLER | CRAFT BLASTED §

British Fleet and Air Force Combine in One of

War's Greatest Victories at Sea After

Trapping Fascist Unit. LONDON, March 29 (U. P.).—Great Britain officially

reported today that the Royal Navy and Air Forces had damaged one of Italy’s biggest battleships and damaged or sunk four Fascist cruisers and a destroyer in a big-scale ene gagement still in progress in the Eastern Mediterranean.

The battle started yesterday in the Ionian Sea and cone

tinued today as the British battle fleet and Royal Air Force bombers pursued the scattered Italian warships # perhaps the biggest naval and air engagement of the war, according to the Admiralty reports. in the battle.

Greek naval forces participated

The Admiralty and Air Force communiques, supple=

mented by a statement by First Lord of the Admiralty A. V, A. Alexander, summed up these results:

At least one 35,000-ton

added, describing the attack a# both heavy and successful. The R. A. F. communique also reported a successful attack on the Lecce Airdrome, south of Brindisi in the heel of the Italian boot, where aircraft on the ground were machine gunned and set afire, a large twin-engined bomber was dee stroyed and a number of other craft were severely damaged. The Littorio battleships are the biggest in the Italian Navy and one of them had been reported torpes doed and disabled in the British aerial torpedo attack on the Tae ranto base last November. There

Two cruisers were dam-

Two cruisers were hit by heavy

One destroyer was damaged and

sponsibility.

osity, they are mistaken.

provoked and groups, paid with British money.”

Nazis Wait Answer

neutrality declaration,

“Declarations by authoritative

sufficient for wus,” they replied. “They cannot make official statements to the effect that they support Axis policy and at the same

time permit a mob to freely attack and insult Germans and tear down and burn the German flag. It is actions, not mere words, that we want as proof of intentions.” Berlin informants indicated that the Government still had received from the Jugoslav Government no answer to an inquiry whether it would confirm the Jugoslav:adher(Continued on Page Two)

Pennsy Seeks a Betier 5-Center

WASHINGTON, March 28 .(U. P.) —Senator James J. Davis! (R. Pa.) believes that Pennsylvania is on the way to solving what former Vice President Marshall called this nation’s greatest problem—“a good five-cent cigar.” Senator Davis pointed out to a Senate committee that the Napoleonic wars popularized snuff, the Civil. War popularized chewing tobacco and the World War popularized cigarettes. Widespread use of cigars, he said, is awaiting lower prices, prevented by the lack of a good but cheap “filler.” That need, he .added, is about to be met by a Pennsylvania experiment station which is developing a low-cost but high

quality filler.

7 Sports... 10, 11 8

Inside Indpls.. Johnson State Deaths. 11

secee y

By FREDERICK C. OTHMAN

United Press Hollywood Correspondent HOLLYWOOD, March 29.—It looks today as though the war is about to cause a shortage of blonds. Peroxide is getting scarce.

Red fingernails also are likely to disappear. The goo that makes them red is being used to make high explosives. Many a head of hair that's curly now will be straight tomorrow, because permanent wave solutions contain sodium and potassium, which the Government is commandeering for. the manufacture of gunpowder. And so on, through the list of beauty aids. Max Factor Jr, who gilds the Hollywood lilies, said almost every chemical that goes on a woman's face to make it beautiful, is indispensible to men bent on killing each other with bullets. Since bullets currently seem to be more important than beauty, the latter, he said, is beginning to suffer. “All the big cosmetic houses have attempted to lay in supplies of as many things as tey can,”

~—

he said, “but right now we're having to quit using brass tubes for lipstick. The tubes are going into cartridge shells and we're trying to figure out substitutes in plastics. “It won't be long before we, and our customers, will feel the chemical shortage. Take the lip stick itself, whose color is built up through complex chemical reactions involving bromide and chlorine. These chemicals make poison gas. It will be only a short time before the list of lip stick shades will be shortened, and, if the war continues long enough, a woman will have to be satisfied, probably, with just plain red, if she can. get that. The colors themselves are being commandeered by the defense forces. You'd be surprised how much red pigment it takes to paint one tank dark brown. Enough to redden a good many hundred pairs of lips.” These same colors go into the finger and toe nail polishes, which consist primarily of nitro-cellu- | on Page Two)

Blonds Face Dark Future—Beauty Aids Turned Into Bullets

“If they think they can, with impunity, play with Germany’s generWe are not willing to permit ourselves to be insulted by these

Authorized quarters were asked whether the German Government would be satisfied with a straight

quarters or individual ministers in Belgrade on foreign policy are.not

Alexander said that it was hoped it had gone down. “Further information of the naval action in the eastern Mediterranean is not yet available but rafts containing Italian survivors have been reported this morning by our aircraft,” the Admiralty said in a communique. “It may therefore be assumed that at least one Italian ship has been sunk.” The R. A. F. bombers reported that they had hit the two cruisers and the destroyer with heavy bombs and the communique added that one of the cruisers ‘stopped and was emitting black and yellow | smoke.” “A number of bombs fell close to

the enemy ships,”

Cireece.

FOR CABLE SEEN AS PLEDGE TO BELGRADE

Tells New King He Hopes Relations Are Beneficial.

WASHINGTON, March 29 (U. P.). —Diplomatic circles today regarded President Roosevelt's ‘‘genuine wishes” for Jugoslavia's independence as further assurance that the Balkan kingdom could count on aid from the United States if it resists Axis aggression. Mr. Roosevelt cabled his best wishes and his hope that relations between this country and Jugoslavia may be “mutually beneficial,” to King Peter II last night from the yacht Potomac. His cable was interpreted as backing the assurances of Acting Secretary of State Sumner Welles Thursday that some war aid would be given Jugoslavia under the lendlease program if it becomes the victim of aggression.

‘BREAK’ PREDICTED IN MURDER INQUIRY

RICHMOND, Me., March 29 (U. P.) —Attorney General Frank Cowan said today he expected a ‘“‘break” within a few hours in his investiga=tion of the bludgeon slaying of Dr, Luverne Harris Joss, 38-year-old woman physician and school board chairman. Shortly before Mr. Cowan made this prediction, State Police, without explanation, abruptly abandoned their search of the countryside for a “bearded, shabbily-dressed man.” It was such a man, Dr. Merrill Joss.said, who had tried unsuccessfully to buy narcotics from him

, attack onthis wife,

Thursday night, just prior to the

are four of them in all—the Lite torio, the Vittorio Veneto, the Ime pero and the Roma—each carrying 1600 men and nine 15-inch guns in addition to 12 six-inch guns and 13 3% =~-inch guns. The Admiralty said that the 'ene gagement was ‘of some impore tance,” indicating that it was the first time the British warships in the Mediterranean had been able to come to grips with the Italian battle fleet since the war started, It appeared that the Italiang:may have’ sought to change their ‘tac tics of keeping the fleet close to home bases and had gone out to.

{sea in an effort to bolster the Axis

position in the Mediterranean area

the communique 'and the Balkans.

War Moves Today

By J. W. T. MASON United Press War Expert

Announcement today from London of a naval “ battle in the eastern Mediterranean presumably indicates an effort by the Italian Navy to interrupt the movement of British troops and supplies into Since the British began conveying men and material across the Mediterranean and through the Aegean Sea in an uninterrupted flow, there have been reports that Italy would try to interfere with this action, but only now does it seem that the Italians may have set forth on this adventure. The London report that the units of the Italian fleet scattered when challenged by the British indicates that the British were in stronger force.

, Mr. Mason

The reported damage to one Italian battleship and two cruisers further indicates that the British may have got bee tween the Italians and their home port. This implication seems confirmed by London's statement that the sea battle is continuing. Hitherto when the Italian fleet has engaged in

| cruising operations, it: usually has

had a clear run home and so has escaped being brought to action from which there was no lane of retreat. The pressure on Mussolini to use his warships to interfere = with British reinforcements being transe ported to Greece is known to have been considerable. The Germans, too, undoubtedly have wanted the Italian fleet to give more protection to the ferrying of Nazi troops across the middle Mediterranean to Tripoli, (Continued on Page Two)

You and the Cost of Living

Do you expect prices to : go sky-high as a result of the defense and lend-lease boom?

Many people do. They remember the last war. Do we have to go through that again?

The answer is no—if we are smart, Why this is so is explained in a series of articles starting Monday in

The Times