Indianapolis Times, Indianapolis, Marion County, 11 May 1952 — Page 2

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Lawyers Balk [Rail Unions At City Judge's Get to Enter

Stiff Penalties |

By CARL HENN

Some of the city's busiest criminal lawyers apparently!

are peeved at Municipal Court

4 Judge Scott McDonald.

Steel Case

Supreme Court | Permits Briefs

By United Press

WASHINGTON, May 10—

Since Judge McDonald ascended to the bench Jan. 1 The Supreme Court today al-

from his deputy prosecutorship at Juvenile Court, he

been forced to grant at least 35 requests for a special judge. { Judge Phillip Bayt, in holding down his Municipal Court 3 judge-|

ensayo tence is occasionally suspended in hardship cases,

Another complaint is that ap-

has|lowed three railroad brother-

hoods limited participation in {the steel seizure case arguments {to begin next Monday. The brotherhoods had asked the

ship for a slightly longer period, peal bonds are set too high—say high bench to consider along with has been faced with less than 10 $250, with $500 not unknown, if ithe #teel case their challenge to

calls for change of judge.

Attorneys who do most of their business in the “poor man's court” give varying reasons for this discrepancy. One said: looks bad for him to have to grant lots of changes of venue—| makes it look like a lack of confidence in his decisions. But law-| yers will do it if they think they're getting a raw deal.” That's a personal opinion, of course, and may have been inspired by a slight case of dis-

gruntles. An Old Story {

There's no denying the foul-

weather fraternity boys Who “without taking into account the!

practice at police court have rea-| son to feel down-at-the-mouth-| piece. The judge pro tem system dis-

Joseph Howard stepped down and found different jobs. The system

was well described in mid-1947, |

fendant is not firmly rooted in Indianapolis,

“Judge McDonald is honest,”

sald one lawyer. “There are no against them last month by Fed-| “It's a slap at the judge. It politicians slipping into his back eral District -Judge Emerich B.|

room to make deals. “But we don’t feel that a man should go to jail for drunken driving unless it's an aggravated case, Jail can cost a man his job, Then somebody has to feed his wife and kids. “It's getting so,” he continued, plaintively, “the bondsmen are

Another attorney condemned

findings on drunken drivers

circumstances.” Follows the Law

“He follows the law, and he's honest,” said the aggrieved attor-

his own friends. But: he turns the sentences out like a machine.

(the offense is serious, or the de-ithe government's 1950 seizure of

{the railroads. | They had appealed specifieally {from a no-strike order issued

{Freed in Cleveland. The appeal said there is a parallel between the steel and raflroad cases. The court took no action on the brotherhood’s appeal at its weekly conference today. But it said {that, “to protect any interest” {that the brotherhoods might have {in the issues embodied in the steel

\making more than the lawyers." case, they would be allowed an

{hour in which to argue those

| Judge McDonald's “unreasonifiy” questions only.

Denied Stay | Earlier, Justice Stanley F. Reed had denied a request of the railroad unions to stay the Cleveland court's no-strike injunction. Steel companies. and the gov-

on Monday to reply to the brotherhoods if they wish, This additional grant extends from five to

fn & memorable story series<writ-| You know before you go In that|gight hours the total time now

ten for The Times by Richa Lewis, Mr. Lewis said: “It is common knowledge at police headquarters that certain law firms are ‘right’ in certain courts. Finding the ‘right’ attorney is somewhat less of a problem than finding the ‘right’ judge. This must be manipulated by the attorney. The attorney can virtually select his judge if he wants to. On important cases, he does.” A judge pro tem still is appointed when the need arises. But those appointed by Judge McDonald and Judge Bayt are not members of the cozy group. Furthermore, Judges Bayt and McDonald try to discourage requests for change of judge by submitting for the case the names

later Times city editor.| {Judge McDonald

it's going to be ‘10 days'.” 8till others don’t agree that “follows the law.”

They maintain his experiences in Juvenile Court have given him a “humanitarian” viewpoint, from which he sometimes convicts and sentences according to the need of society rather than according to the legal points involved.

Finally, here is the opinion of an attorney who has practiced long and successfully in the Municipal Courts, and who claims he has never asked for a special

Judge.

“If a lawyer believes his client hasn't received a fair deal,” he said, “he is much wiser to appeal and try his case over again.

allotted. Arguments are virtually |certain to carry over until Tuesday. « Meanwhile the government and

briefs with the Supreme in a showdown test of the steel seizure that may define the emergency powers of the Pres{dency for the first time. The CIO United Steelworkers joined the action as a “friend of the court,” filing written arguments explaining the union's position,

Recess Until Monday

The nine justices took all {three briefs under considera{tion and recessed until Monday |

noon, when the government and {the steel companies will argue

the steel industry filed opposing Court |,ital's skillful system of integrat-

By DONNA MIKELS |

A mother today accused] Marion “County: Welfare Des partment of “sacrificing” her lsick little boy in its drive to|

to trim medical expenses, { But the Welfare Department]

old Larry Ellis comes under a new; welfare board economy {that is “mandatory” on the de-

THE INDIANAPOLIS TIMES Sick Little Boy Must Lose His Friends In Welfare Depart

countered that the case of T-year-|

|partment. |

| Larry, the son of Mr. and Mrs, [Harry Ellis, 856 Earhart St, is the victim of a rare blood disease, |hemophilia, His blood won't clot.|

| That puts the little boy in con-| %

stant danger of bleeding to death!

SUNDAY, MAY 11, 1952

BPR

policy Tr

|from the tiniest scratch or bruise.| © 5 Frequent blood transfusions are|

| necessary.

i For years the parents managed|

the time it was discovered when, he was an infant until their third son, Joseph, was born with the same ailment in 1949,

Had to Ask Help “After the baby came expenses

Ellis. “Harry's pay was good but sometimes the doctor bills aver-

boys would be in the hospital. Finally we got sofar behind paying the doctors, the hospitals and our own bills we had to ask for help.” “ Last year the Ellises asked asgistance under the Welfare De-

department paid Larry's care at Riley and the parents paid $15 monthly to the department, It was a ‘breathing spell” to help obligations. i Since then, treated at Riley and he’s blos-| somed under the children's hos-

ing its young patients, But last week the blow fell. When Mr, and Mrs. Ellis went to the Welfare Department to make their payment she learned the “economy axe” had descended on Larry. Larry Cried

He could continue at Riley only through May, a worker told them, Then he would be switched to General Hospital under a new policy where any case eligible for the city-supported hospital Is

on their moderate income, from

just piled up,” explained - Mrs.

|aged $30 a week and both the!

partment’s--medical-aid- program. ernment. may ssohoisiooan-eur-A-plan-was. worked-out where the

of other judges, or of well-known

and nly res ed attorneys. Taking a change of judge is

not received as a favorable gesToo Rough? ture. Lawyers don't accomplish janything by continuous defiance And still the requests come noe the court. And it is not.fair to Many of them are inspired bY ine public, since a special judge the rough treatmept Judge Mc- receives $10 a case.

Donald (and Judge Bayt, too)| “An attorney always wants to has given to those convicted of win his case. But 85 to 90 per operating a motor vehicle while cent of the defendants in Muniunder the influence of liquor. A cipal Court are guilty anyway.

by a jail sentence of five to 10 yer, who becomes disgruntled days, sometimes longer. The sen-|with the judge's decision.”

Cop Looks on Peacocks As a Lot of Poppycock

By Press when WASHINGTON, May 10—May- found and herded back. be they're tired of being stared) Today they escaped again. They at. Maybe they don’t like thejcrossed Connecticut Ave. against the light and a couple of cops Maybe they've been reading iniplew the whistle on them. The

{their cases in open court,

' ithe government still dangling its medium fine often is accompanied It's not the client, but the laws| oo of a $4.50 per ton price ir

transferred, cutting Welfare DeThe high court may hand down|partment spending. its decision in two weeks on the| At these words Larry started {ssue that has torn the country{to cry. Sp did his mother who into partisan factions ever sinceilater explained: President Truman seized the steel] “We tried to talk to the worker,

the heavy burden of Larry's care|

Larry has been not sure.

mills on Apr. 8, |to explain that staying where he Meanwhile the actual price dispute between the steel|Larry. companies 6 likely to remain deadlocked, with|possibly could manage. “They're so swell to Larry Riley and he loves his doctors crease as bait to the industry tojand nurses so much he - doesn't even cry anymore when he has to stay In the hospital, Even when he had to go in over Easter he didn’t cry. His doctor got him a wristwatch for a present— things like that make it so .he doesn’t hate going in so much.” “We told the welfare all that,” said the mother, “but they said it didn't matter. Larry’s such an

|gsettle on the 26-cent-an-hour pay raise recommended by the wage stabilization board. Informed observers said ‘oday the court's decision should lead to a quick settlement, whichever way it goes,

Could Dodge Issue The Supreme Court may duck ithe broad constitutional question {of the President's “inherent powers” and confine itself to a much narrower issue—such as whether) ‘It Isn't Fair’ Mr. Truman had the authority to Larry, a bright second : ’ grade delegate his seizure power, as he tudent, has talked about. nothing

to switch him.”

papers about how othericops called Lt. James and zoo

prisoners got concessions by act-|pglicemen. The four men, bor-!

ing up. Maybe it's just a severe r,wing from Hannibal, turned the case of collective itchy-foot. {tugitives’ flank and got them Whatever it is, don't ask Lt hea4ed4 back toward the zoo. William R. James of the National In sight of the entrance ,the “Zoo police. He doesn’t know. All peacocks quickened their pace and he knows is that he's been chas-| were happy to be home again.

ing peacocks a lot lately. {marched eagerly in as though they Last week the zoo's flock of 81X 1... weren't really, as it turned

paacecks Wale si the Resesva-/ ut. Unable to cope with the su- " gig 3 ng ds of the Perior force arrayed against them, Sans edy-Warren Apartments a they were just employing guile, ‘| The cops herded them deep into - the park and went about other 3 J Ap business. Not for long, though. Blond Tries Lt. James got another call. He got to the zoo exit in time to find To. Tell It the birds departing again, He a shooed them back and this time To Marines llocked them in the bird house. __.| What ails the peacocks? TOLEDO, 0. Mas 1 UT Ty pt is "Lt. James said. 4 rine Corps, Pvt. Doris Barndollar Reffitt, 23, learned today. v The ' small, -blond Marine was Indiana CPAs Elect picked up here for desertion and Officers at Session Here held tary lice from Camp oan N. Cater al Elected we re Thomas H. Bernwalked away in March. {hardt and John D. Harrington, “I didn’t have amy trouble quit-| Indianapolis; L. T. Flatley, South ing the EE hy|Bend; Herbért P. Harrington, he Marin is making such a fuss Muncie, and John R. Miller, VinI want to quit the Ma- Cennes. vines” she said. : | The Indiana Association of ’ . i» {Certified Public’ Accountants yesterday elected Dick Irons at the

SHE told police Bgt. Margaret i,t session of its annual meet-|

Slater she joined the corps last); Hotel L October to spite her boy friend. ng nih Ww. A nen, ave, Tey made last, ot Patrick's was installed as president; Wil- : y ane gre o ol he Marines jam A. Markle, Indianapolis, ya J od rs ZO back.” sh {vice president; Richard V. Reine- ; : ck,” she king, Bloomington, secretary, sald today. “T didn't like the job and Willlam F. Shors, Indianapwith the Marines anyway. {olis, treasurer. ‘The MPs had other ideas, They!

did, to Secretary of Commerce, .. since And the little boy's unCharles Sawyer. 1 that ‘th i It could simply rule a e |merits of the case had-not been Dis parents. explored thoroughly in the lower!

wage- was happy meant so much to] We offered to pay more] : and the union seemed every month, just as much as welert McNally complained yester-

{happiness has weighed heavily on consummate the marriage,

any happiness he can get.

AP Es * Larry Ellis and mothe

“It isn't fair,” his mother kept!the city, rather than the county

repeating. “We never asked for charity until-we-just-got-so-deep we to. Larry's been sick all his life and we feel like he's entitled to We're just not going to sit by and let

them catch up with accumulated Dim down. It just isnt fair.”

What the Ellises will do they're They must suport their family on Mr. Ellis's approximate $70 take home pay from New York Central Railroad.

On | “But if the Welfare Department ment” runs out this month. After the path.

wants to stop helping us we'll go hungry if we have to, to keep Larry where he'll be happy,” said his tearful mother, '

Carl King, director of the welfare. board, said Larry's case comes. under the new board policy where it is “mandatory” for the department to use resources available without charge at General Hospital, if patients are eligible for care there and if General has facilities for treatment of the case. This puts the load on

; |N

{I |

Fees lt isn't fair

department. | There is, however, one differ-|K

{ haaienee.of opinion on the policy... down. 1 Teal ag General Homoitai Si i Tdi

understood the new policy would {not extend to “switching” patients already under care of the | Medical Center. This would neces- P {sitate a new set of doctor's fa-| | millarizing themselves with the | case. Presumably, this would ap- | ply to Larry. i A “New Case”

{Lose 1) _ |Niagara Gorg ments Drive lo Save 3 | ost Girls a Scare

10—Three

{lief today and vowed they would {have enough of Niagara Gorge

point about five miles from the! twin cataracts,

|feet from the top, convinced they could not conque {the cliff and became panicky. i [to fall and break two teeth.

{badly and so Marilyn decided to {stay on the ledge with her while

come up,” Miss Bowen related. | | through the dark,” she added. {when she first discovered they| | couldn't make it to rhe top of the dinner.

cliff, she replied:

| were up

the "base of the cliff ran to the home of a nearby resident and 45, of 1430 E. New York St. told

the two frightened girls were hud- |

Gorge Hands

By United Press lout any future cliff climbing for NIAGARA FALLS, N. Y., May all three. “Really scared” | “That was the first and last "Youville College ‘of Buffalo time for Niagara Gorge climbing

: any of us,” Miss Bowen cone . Y., girls breathed a sigh of re- or any

Howard McGrath

iff climbing to last a lifetime. Two of the girls were rescued

[from a ledge of a 400-foot clff . : along the lower Niagara river, SHll That Way . 'after the third, Miss Rose Bowen, 19. of Niagara Falls, N. Y., made AOU} Harry T. 'her way to safety and summoned! yw aSHINGTON, May 10 (UP) rescuers. But | | Miss Rosemarie Burke, 18, Buf-| d McGrath tonight indie |falo, Marilyn Blake, 19, Niagara Donate i haul] mg [Falls and Miss Bowen, had been| "™ hiking along the base of the cliff. 4 [They decided to short-cut back to {the Bowen girl's home by scaling) ithe side of the steep cliff at a|

—Former Attorney General JT. loyal to President Truman “in his fash. lion” even though Mr. Truman ousted him from the cabinet, ; Mr. McGrath attended the |spring Gridiron Club dinner tonight at which government {higher-ups - take a traditional

Panick Become Panic Y shout 75 roasting from the press.

Upon reaching a ledge they became | Mr. r/walked to the stage when a solo-

|{ist—in a song skit ribbing adMiss Burke elected to fry, only ‘ministration scandals—sang:

» » » " | «BUT I'M always true to you, Rosemarie was bleeding preuty) rv, in my fashion.”

Mr. McGrath stood with the ; e had chorus until the song was comwent back down the way we NAG) | 3 2nd then smilingly stepped {to the microphone and said: “That's right.”

; action was| He received a standing ovation. Asked what he? rea | Mr. Truman did not attend the

“The Blessed Virgin guided me

“We were really scared. We Davis Cleaners Loses idn't| . there 4nd really ke it $45 In Daylight Robbery

now whether we could make : 1 realized Thad fo, -ang+—The-Davis Cleaners -branch-at The Bowen girl, after gaining $45 yesterday afternoon. e 2 Operator Mrs. Marjorie Lakin, honed police. {police the holdup man ordered

Under the glare of searchlizhts, her into the back room, and *1

| two policemen, Lt. Michael O'Shea |went.” and Patrolman William E. Wood- |

Winnie Spared Death

PHOENIX, Ariz, May 10 (UP)

oke, climed to the perch where

paper, Larry's “commit- dled and assisted them down t0|_Winnie Ruth Judd, trunk mur-

that the Welfare Department con-|

| siders him a “new” case. Thus he ing teeth, the girls { minor scratches and brush burns.| commuted to life imprisonment

But Mr. and Mrs. Ellis aren’t| Nevertheless, the episode ruledjtoday by Gov. Howard Pyle.

{can be switched to General.

interested in papers and regulations. They're interested in the] happiness of a little boy whose] life span at best can’t be too long. | “I don’t know how we'll do it, but if the Welfare Department doesn’t help us we’ll find someway of making sure that our little boy's happiness isn't sacrificed on the budget block.”

Doused His Shirt

And Shanghaied Him to Altar

LONDON, May 10 (UP)—Rob-

day that when he went to visit

at'a woman he met through a matri- |

monial agency ‘she soaked his shirt in a bathtub so he couldn't

him into marrying her. ‘ Seeking a nullity decree, Mr. McNally said he corresponded with the woman—subsequently to become Mrs. Phyllis McNally—

through the agency, On his first

visit to her, she congratulated him on their approaching marriage, he said, and then soaked his shirt. He married her “against

expense and they said we'd have/my will’—a few days later, he

said. The judge said Mr. McNally was “timorous” and unable to resist the pressure toward matrilmony. But, the judge added, because his wife then refused to the judge granted a nullity decree.

Baby Drowns in Watering Trough

EVANSVILLE, Ind, May 10! (UP)—Deputy Coroner Kenneth | King returned a verdict of drown-| ing today in the death of 15-! {month-old Gary Lee Rexing, ob-| {ject of a two-hour search by] |neighbors. | The baby’s body was found in; la livestock watering trough on his parents’ farm late yesterday.

{leave and then high-pressured yj; mother, Mrs. Joseph L. Rex-|

ing, said the boy apparently opened a gate on a fenced-in por-| tion of the yard and climbed over a fence into the barnyard.

‘Commencement

Graduation -exercises at theMndiana State School for the Blind,| 7725 College Ave., will be held at| 8 p. m. Friday. The class address will be given by Dr. D. H, Vass, teacher at Lyons. Dr. 8. M. Whinery, principal of the Blind School, will present diplomas. David Gen- | |try, ae.senior, will sing. (A photo of the graduates appears else-! where in this edition.) |

courts and send it back to Fed-! jeral District Judge David A. {Pine’s court for another hearing. Traditionally, the nation’s highlest tribunal has shied away, wherever possible, from consti{tutional rulings. This time, how{aver, the pressures are great for 4 he {a broad verdict on how far the Constitution permits "a chief executive to go on his own in time of national emergency.

1 | |

Seek Ownership Of Lost Peacock

FOUND: (Of all things) One peacock. Anyone missing a peacock—and who could be without one this season—contact Miss Dorothy] Jean Smith, Girl Scout field di-' rector, a ! { The bird has been wandering {around the camp west of Indian-| |apolis on Girls’ School Rd. the! ‘past week. Miss Smith may be called at BEImont 3770. | | “We want to get rid of it--not| {that we don’t think it pretty, but we just don't understand it,”| Miss Smith said. *

[add

| {

Jet Clips a Record |

| DARWIN, Australia, May 10 {(UP) — The third Canberra jet bomber to reach Australia made (the trip from England in 19 hours, | /12 minutes — nearly two hours| under the previous jet record for! {the distance, authorities said to-!

are taking her back to Camp,

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26024 F-46th-8t was robbed af

SUND.

Jagg Up A Case

Sheriff 8 self a lon; thought wx Mike Matt June 23. Efforts question E accused as | down yeste fused to ta The dep: Prison Ho Mo., wher going plast Lt. Willi the trip w Jr., said: nothing. ; He “We sho Mattes dea showed qu very nervo us and sal this ought we agreed ¢ f‘Jaggers but he didr Meanwhi ere today. RE oa Donald Nic kins St., th Jaggers th fession, ha: tomorrow quarters. aid When he ment in W part in | ““alibied he ©

A Red C file check Nicholson | of the shoo sonnel dir showed Ni 22, and for ing the aft ning on Jur After h Nicholson Beech Gri Wetter at Donald V of 1802 N. | made a st gers and appear wif court. Both out bond © 3f murder.

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