Indianapolis Times, Indianapolis, Marion County, 9 April 1941 — Page 2
THE INDIANAPOLIS TIMES a er WEDNESDAY, APRIL 9, 1941"
~ MATH COUNCIL SETS 700 Awards to Be Given Scouts of Court of Honor POLITICS By Vern oxen 5TH ANNUAL MEETING oi 2: 2 ce mes Te in
67; Joseph Small, Robert Leonard, he Indianapolis Council " youths at the an-|72; Melvin Johnson, Troop 82, and| Troop 72; Leon Wolfington, Troop Metin will hold its sixth an-| . k. nual Mammoth Assistant Scoutmaster Floyd Lane, | 79; Karl Wacker, Gregor King and : i E 3 Court of Honor |Troop 83. | William Duffey, Troop 82: Robert nual meeting April 19 at the World at 7:45 o'clock to-| Eagle palms—Eric Wadleigh,| Taylor, Troop 83; Edward Norris War Memorial auditorium. | night in Tomlin-|Scoutmaster of Troop 82; George Tr 'g5: J es H il . On the program will be talks. by! son Hall. Cunningham, Troop 66; Richard] oD Rs ites Hiaaiiton, Troon W. Fred Totten, Bedford High : More than 700 Hill, Troop 61; Donald Auble, Troop ; OR | 20 Win, EOL wv ney, beapel : | ‘ awards are to be (9; Robert Kinney, Troop 19; Robert Troop 91; Ray Heckinanh, Troop 93; School principal; Miss Barbara Sue | made including 12 O'Brien, Troop 28; Jack Moss, Rob- Gene Wade, Troop 99; Hey Huck, Reidy, Hartford City High School |g Eagle Palms, nine | ert Moss, Assistant Scoutmaster S. Robert Moates, Joe Noonan, James pupil; Miss Letty Wickliffe, Crispus] E life ranks and 42 G. Moss, Ben Roberts, Troop 72: SRT oon Als Richard Dietz, Attucks High School; John W, Wil- | Star Scout class|Joseph Duffey, Troop 82; Charles Troop “dy, ah hion Leem, Troop son, Connersville High School; Mrs. ® awards. The ses-|Gribler, Troop 123. 129. Marie Wilcox, Washington High sion will be pre- Life rank—James Jacobs, Troop School, and Dr. Velorus Martz, In- sided over by |19; William Kurtz, Troop 32; Larry
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RULING AWAITED ON COX'S POWER
Gilliom Asks if Declaratory Judgment Suits Are Justiciable.
Indiana's battle for the State House was in another lull today while the Supreme Court’ decided the power of Marion Circuit Court to enjoin the G. O. P.-dominated
The highest rank of Scouting, den, Troop 9; Hal Silver, Troop 19: that of Eagle Scout, will be con- Assistant Scoutmaster Max il
A SIDE ISSUE in the inter-party legal battle for Sate patronage is stirring up almost as much heat as the main go. It's the question of who's delaying a decision on the chief question—constitutionality of the new G. O. P. “ripper” laws. Both the Democrats and Republicans have said repeatedly that they are anxious for a showdown at the earliest possible moment. But as of today, they're still miles away from it. Each blames the other for this state of affairs, “All we have met are dilatory tactics and questions of legal procedure,” says Frank Dailey, Democratic attorney. “Methinks,” says Arthur Gilliom, Republican attorney, “that the present Democratic litigation is designed for delay, We are trying to
oy 3 : oR Jake Cohen Browne, Troop 18; Robert Weller,
Troop 19; Charles Knox, Robert Dresher, James Voorhis, Neal Hor-
Jack Cohen
Robert Piltz HALE GETS STATE POST
Phil Sheridan,
appointing boards created by the
recent Republican Legislature.
The jurisdiction of Judge Earl R. Cox in granting the temporary inJunction was challenged by four elected Republican State officials in a petition for a writ to prohibit him granted After more than two hours of arguments
from enforcing the order, last week to the Democrats.
the Court indicated that rule only on the
yesterday, it would court's power tion in the case. Earlier,
controversial new laws speedily before them decision cn constitutionality. a series of conferences failed produce such an agreement.
for a
Several Days Required
Several days will be required for
the Supreme Court to hand down its decision in the present case, it was said. Arthur Gilliom., G told the Court in closing his argument that “I believe it would be beneficial if this court, in its opinion, would pass upon whether the decl2ratory judgment suits now pending are justiciable controversies.” Democratic attorneys have indicated that they, too, might seek the court’s guidance in the matter. FPurther legal action may be taken today. If Judge Cox’ jurisdiction is upheld, the Republican attorneys have indicated that they will appeal his injunction order to the Supreme Court. But if the order is dissolved, appointment of a new State attorney by a G. O. P.-dominated board to succeed Attorney General Beamer will follow. This latter appointment on April 1 was halted by the injunction. Other appointments, unless blocked, will be made after May 1 Appointments Held Up The injunction holds up appointments by the newly-created boards
until constitutionality . of the laws is determined by three declaratory
lower to grant an injunc-
the Court had suggested that counsel for the opposing forces agree on a methed of bringing the “decentralization”
But to
O. P. attorney,
clear the path.” =
Sidetrack Plea for Speed
This was what the Supreme Court ran up against yesterday when, in a hearing on a question not covering the constitutionality issue, it suggested that opposing counsel get together and hustle the main problem before the court wtihout going into numerous other questions. In effect, it urged that technical and procedure issues be avoided and the legality question tackled at once. To speed up this process, the Court ordered a short recess for the attorneys to talk things over, “Constitutionality of these laws is the chief interest of everyone,” said Chief Justice H. Nathan Swaim. “And we are ready to give right-of-way to this question.” Walter Arnold accepted on behalf of the Democrats. But Mr. Gilliom, while agreeing that “it is desirable to have an early decision,” said that “we want to follow orderly judicial processes and do not want to set a bad precedent.” Both sides agreed to a conference and arranged a later meeting in chambers with the justices. 5 n =
45 Minutes; Result Zero
Net result of the 45 minutes of conferring was zero. Mr. Gilliom said that the Democrats did not suggest ‘a single legal method for bringing the constitutionality issue before the court.” The Republicans insisted, as they have from the start, that Governor Schricker’'s three declaratory judgment suits now pending in Circuit Court are not just cases because no appointments have been made and courts can not act on the legality question until two appointees are claiming the same office. These are the “obstacles” which the Republicans say they are attempting to ‘clear {from the path.”
2 »
Democratic attorneys assert, however, that suitable methods for speeding up the final verdict were suggested and refused. They contend further that there are precedents for avoiding the raising of technical questions in order to obtain important decisions from the high court. Attorney General George Beamer said the Democrats are ‘ready to waive all questions of procedure and jurisdiction to settle the constitutionality question. We are ready to go into court any day or night to get these cases cleared up. By filing these declaratory judgment suits, we sought an ear=ly settlement of the momentous issues involved.” n
2 Months Away
Some attorneys sav that if the G. O. P. had accepted the Supreme Court's suggestion, the constitutionality question could have been placed before the justices within a few days. As it is, the present pace indicates that at least two more months will be needed for final settlement. Meanwhile, some 20,000 G. O. P. job seekers are getting restless. Democratic office holders and employees are wondering about their future. Politicians are keeping a close watch on public reaction and 1942, And Mr. and Mrs. Public are getting more and more confused each day by all the legal sparring. ” n o
Townsendite Knives Out
The Townsend Pension Clubs are sharpening their axes for two Republican leaders in the recent Legislature. At a recent pow-wow here, State Director B. J. Brown called for the “political death knell for Senator Albert Ferris of Milton and Rep. Roy Harrison of Attica.” They were the chairmen of the Senate Finance and House Ways and Means Committee, respectively, and are being blamed for slowing up or stopping part of
diana University. High School Mathematics Club, Williams. will present “Mathematics on the Air.”
Eagle
The Shortridge Merle H. Miller, assisted by Irving | Hayes, Among those under direction of Miss Ellen Ocker, the highest awards will be: rank—Jake [Cohen and Robert H. Glenn Ludlow of Washington Troop 50, Jewish Communal Build-
Troop 72; Jerome Heater, Roland Swingley, {Troop 91; Richard Feldman, Troop Jack [82; Gene Roberts and Russell Kloss, all of [Troop 116. Star Scout rank—Deno Alexander,
receiving
Cohen, Piltz,
High School is president of the or- ing: Russell Eckert, Jack Rennoe, |Troop 2; Lawrence Moran, Troop 8;
ganization, [Dale Saunders
and Robert War-|George Martz, Troop 14; William |
-.
8% Sy NIE a ky
pe R Lae?
M3 Wie
rall, Troop 21; John Lee, Troop 32; James Markey, James Seay, Troop 36; Allan Rape, Troop 42; Sam Glazier, Troop 50; Paul Bailey, John Glass, Troop 55; Tim Crawford, Reilly Burrell, Robert Camp, Richard Hathaway, Troop 60; Leonard
Frank V. Hale, Kokomo, a World War veteran and active legionnaire,
was appointed claim checker in the Gasoline Tax Refund Division today by State Auditor Richard T. James. He is a former commander of an American Legion Post at Kokomo,
judgment suits filed by Governor Henry PF. Schricker. These actions now are pending in Marion Circuit Court Mr
the Townsend group's legislative program. This is the old-age organization's first public reaction to the recent Legislature, and it has chosen for opponents two bat-tle-scarred veterans who won't give up easily.
HIGH SCHOOL HI-Y TO MEET AT BUTLER
Twenty-five high school Hi-Y clubs will be represented at the District Conclave at Butler next Tuesday, according to Clarence Elliott, student executive secretary of the Butler Y. M. C. A. Speakers will include Robert] Dietz, 1940 basketball captain; Wil=| bur Schumacher, 1941 basketball co-captain; Robert Roberts, 1941 | football captain; Wilbur Shiglew,/ Butler Collegian editor, and Miss
[. U. Sophomore Gets Navy Call
Richard Samuelson, a sophomore | at Indiana University and a mem- | | ber of the U. S. : Naval Reserve, has been called into active] service at the] Great Lakes Naval Training # Station, Mr. . Samuelson ‘enlisted in the Reservé while he was a stu-! dent at Tech| High School. At I. 'U..he was a
Gilliom and Fred Gause, in arguing the G. O. P. case yesterday, emphasized their contention that a justiciable controversy does not exist now and that the injunction prevents one from arising. They also said that the injune- | tion is “an invasion by the judicial | branch of another branch of Gov- | ernment, the executive” “It is important that the rel power of this State confine itself as the constitution confines it,” Mr. | Gilliom said. “The judicial depart- | ment must not project itself into | the powers of another branch of | government and must avoid partiality and politics.” | The Republican attorneys denied | that any property rights were in-| volved as a basis for the injunc- | member of the don, | track and football squads, and a Joan Fox, queen of the 1941 Butler | pledge of Sigma Pi Fraternity. He Indoor Relays. William McLeon is| is the son of Mr. and Mrs. Otto|chairman of the committee
“A court of equity should not in- | : ; . ; muelson, 2 Harlan St. terfere in political matters, such as| Sa on, 161 | charge of the conference.
appointments to office,” Mr, Gause
Mr. Samuelson
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contended. In answer to a G. O. P. charge that the Democrats sought an injunction merely to retain patronage, Walter Arnold, Democratic attorney, said: “This injunction was| instituted to stay the hands of boards in administering the laws| as well as making appointments. | The Governor questions the .constitutionality of the Legislature's) power to create executive boards whose powers transcend his own power.” | Mr. Arnold said that of the 54 State government departments, 50 were placed under the G. O. P.-| dominated boards and four left to the Governor. These boards, and not the individual members, are! empowered to administer 85 per) : cent of the State's laws, he said. | CTR : Easter charm in a lovely figure Frank C. Dailey, who presented | 2 Fo i throughout the year are yours the closing arugment for the when you wear a KABO foundaDemocrats, attacked the G. O. P.| tion. Lovely rayon brocades with petition for a writ of prohibition | lace brassiere, honed front and and charged that “the only remedy | four hose supporters. Sizes 34 for the G. O. P. is an appeal of to 44. Judge Cox’ decision.” “It must be the G. O. P. position that Circuit Court lacks jurisdiction in all the pending cases,” | he said. “Whether the decision was | right or wrong, the lower court did not lack jurisdiction in granting! this injunction.”
Defends Court's Rights
“This is a case to decide whether | or not the Legislature can pass laws | invading the Governor's constitu- | tional rights. The court has the] power to protect those rights.” Mr. Gilliom, during his closing | argument was questioned several! times by Supreme Court Judge Cur- | tis Roll, Frank Richman and | yy J 3 Michael Fansler. FEO PE SRE LE § n Throughout the day's hearing || GUARANTEE ATOR Ll > BLL LY SK : Te TR 4 . on nts ; the courtroom was crowded with |] mw mis Fruit of the Sol NE |) ae % 5 : FER si 0 d, Saddle present State House employees, |] Loom produst does G. O. P. job seekers and several | not give you satis members of the Legislature. (} faction in use, re. [I turn it to us and you
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DR. CRILE ‘MUCH IMPROVED’ |
VERO BEACH, Fla, April 9 (U. P.) ~Dr. George W. Crile, 76-year- | old Cleveland glandular research | scientist injured in the crash of an| Eastern Air Lines plane last Thursday, “is much improved this morning,” his physicians reported. Mrs. | Crile is also confined to a bed in|
Indian River Hospital here, but | “Intrigue” physicians said she was completely |
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