South Bend News-Times, Volume 39, Number 10, South Bend, St. Joseph County, 10 January 1922 — Page 4

4

THE SOUTH BEND NEWS-TIMES TUESDAY MORNING, JANUARY 10. 1922

MORGAN TO STAND TRIAL AGAIN FOR MURDER ATTEMPT

Case Involving Shootin? Pauline McDonald Will Be Tried in Laportc. of Xzrelh Morgan. tand trial for the this 1 1 1 j , will oconi time for th attempted murder of Mis- Paulino McDor.aU, which oc-urr-d Ft22. 1319. when his caso comes up h:or .Prig Gallagher in the Importe circuit court thN t.-.orr.ir.g. Floy J O. Jclllson. pro-K-cutir.g attorney of St. Jo.ph county, v.r.: handle the states fnd of the ca. and v. ill hs a,eistf I by Earl Pcwb-y, pro-ecu tin. g attorney of Li port county. Morgan was tr!aI ar. 1 '-on-.m-l in th Jos-ph riicu: fourt in PeremhT. 1 & I 3. The case was hrl before Special J : V' Sh ph rl Crumpa :r. Morgan pl-aded infinity, hut thf ;.ury four, i him sine ar.d guilty. Th es?.' v.a thn appealed to the rupreme, court e f Indiana on an al leged rrrr.r in t ! .r ' n ion o- -v I 'i - summer t jury. j.i;t rourt r-vr d th" de .i-lor. r . r- r "i ntp! t h o local co 'art. an-: df f' a trial. r.rannil Venue i.'hanc'. Al t!i; "ptf m'rr tf mi :' the court, th.o attorneys for Morgan fiif-d a motion b"for; JnJ;-; Cram packer asking that a hang of venuo be ?rran 1 th:r rl:- nt r.n the grounds that h? ct ull not receive a fair tiia! in this county. Tii Motion v. aa r ranted and the oi- va s t rar-sf- rr- d to tho Laport; .ourt. Pr'). .Liliou stated 1j.-: üiht that the McDonald jrtrl has r,nfr fully recovered since tho attempted murder, and has practically lost h t health. Morgan, it i xi'J. tired several 5h0t3 Into lier IkiJv, and she uaa in a local ho-pit..: ior s -veraJ weeks following the loi.PLAN COMPLETION OF ROADS SYSTEM County Program, Outlined 3 Years Ago, to Be Undertaken This Year. Completion of St. Joseph county's program of county unit highways as outlined three years ago will be undertaken th; year, according to preparations made Monda by tho countv commissioners. The followin rr.nds whoso nublic utility wa9 voted upon A. Lfc C f - " - - - - Cf highin ine co i u iu r oi.i . 4. tir ways to be improved: Dogwood road, four miles, dividing Madison and Union township. Turkey Creek road, six miles, from the end of the present pavement southeast. Division st, road, two mil-.4, west from Olive st. line road, six mit, from Green ', townshlp line running south between Union and L.il?rty township lines to Marshall county line. Drasoon trail, 234 miles, running! from th" nd of EPins av. east tot the Union st. road. j The completion of this program, j together with the roadd built un-; der the- county unit road rnsU m w ill total nearly TO miles. Thus far j there has been either constructed, now beinr improved, or bonds have been sold and all legal difficult!' - 1 done away with.. 4". u miles of the' county .system. To Ak Oonncir, Support. , At a meeting of the county cum- I cil Jan. IT. tb.at body will be asked : to favor the completion of the ?y- , tem and authorize the county commissioners f prccerd with the pr..- ' sram of road eon.atrtict!on laid do'.vn Monday by them Fo'lowlnc thi- net ion t It I.' year. fnvor.ib!-. ; the commissioners will l.av plana and specifications prepared, sell th bonds', i-.ad let the contrails. The estimated expense of the eotstruction of tiie roads thi year is SSOO.CuO. Thy ex-p-T.se together with the previous bonded indebtedness cf the county for cunty unit read will total $2,?S7.C i County councils an.i commissionert are authorir-el under statute to bond the cour two iercer.t i ty f. Up t o v.ilu tasse 1 tion of the coun St. Joseph county mate maximum p u I provpie-s a an apt roxi - t.lel iv.'.ebt..!but tb.tM far mate oi $4 Con. .- i only -out hilf f tht. .as b e n Utilized. Or.e-tr.th of thrt bon ednfss of the emmty tr the Intere :s retired led indfbtl r a oh vear. : The pres-ut vy f r tb. vear 1? 15 cents, w h ! 1 o it i a levy for this v.ryc. mated that r ri"is i;a;,v m o In add: - e n t s for unit bor. ti Mght cent t:r-n to retiring h bvy tr.ty rca. the o'unty ' , . . u s a fixed an m tenar.cA drpartrier.t All r-ads in the county whether towr.-hip cr ther towr.shin read tadien ever bv n . ; - - . i, . i . i TiLo-Ilour Hunt for Booze Results in Find in z Still Federal Prohibition IP. gent Harry Mathers with Deputy Sheriff Gj;t and detail were ompelled Walter to sear v. , te property of Kafka near Granger for more than two V . i ' r -,-",-' iye? i T I ilt'V'.i unearth betöre tr.ey were a -J . y ta no-galloa still at was hidden in the 1 arm The still was quanu a-.d ? corn :tv of straw in .in cuter ba: r.cl "fu with ror.i stalks. a . i . .t Ptoe fo: n . e d a d o ) r for : were at. d " g : n-r med and i 1 r ar. 1 cn :h" !fe-5; Ured to ili' i a c pper -.v a : : . i Xb-.U IV, gall whisbv ih 'a ere i: r.d n Kafk-t wa.i nd w.i: ; e a ri n g In i 1 iield ii. bonds of J1.000 riven a preliminary C illforr.i a h.a. of o .-ir.r.ii.-.r-ot of labor consolidated a num-d--:ns Into a de partand indus.tr: ii rela-

. . mm m .' 11. SOUTH BE HD r A I K 'VOTTO t II ST I AN. I'rominer.t dru-gi.-t, f'-rme: mem"1 : wrk?. Gorgeous Riot of Color Exhibited At Style Display Feminine ifouth Bend Croud: llOU' Rooms at Ellsworth tort; at Spring Showing. ' ornflow er l-lut-. ru.-t. '.rilliant n u'f, and vivi.l jide a gorgeously ;--wii.i-r.ng r.ot nf CO.(r 31 are s t Ti 111 t - new troeKx that were nut on üisp.ay at th advance spring , snowing ,,z tne Ellsworth store Monday morning. There were gowns i by Faul i'oiret. Pari: Joseph. Fifth

wrf ajsv "cur

aw, New York; Marry Collin?, Park Ehanklin, John W. Ti.ync, superin-' f tirie outh Bend unit, ordered colJtow, New York, as well as by Fash- ' tendent of the writer works, and Dr. ors presented at the opening of the

i xonbi.t, liussek and Arthur Weiss. ' along with creations of other famous ' designers. The collection included , street frocks, afternoon an l dinner ' dressvs. and evening gowns. Expert models graced the opening day, and fron; 5 o'clock in the mornins until late in the afternoon, ferninine South Bend crowded into the; show room. Exclamations of won - der and delight greeu-a each sown. Distinctive materials. lines of real . . (Character, with alluring bits of j crystal, he-id, and unusual em- j broidery combined to produce re - ! suits that would thrill the heart ofi any women. One espe cially stunning evening sown was develop in black cire, I developed in blacK ciro net an d jade green ribbon. The was emphasized with a btrute. .sm tii evening was with a bodice of cream faille silk rnibroidered with metal thread, and a bouffante skirt of c-irntlnwer blue chiffon velvet. Sports frocks are of the vivid shades and are made in soft crepes an 1 taffetas. "Going away" clothes, lnciuljns frocks, suits, wraps, blousfs and sport.i skirts, all the very smarte.-,, are included in the 1)I;1'The show rooms on the third Uoor are attractively decorated with smilax arches and magnolia, for the , showing which is to continue during j the remainder of this week. STEP-FATHER HELD ON CRIMINAL COUNT , I irrested ; Os car Swathwood fter Investigation hv Deputy Prosecutor. I Oscar .-wathwoo-l. 2030 Lincoln way W.. Mishawaka. arrested by the local p.jlu-e on a wairant svorn out " his wife, Fstella, was arraigned Sue- City Judge Chester L. Du

Comb Monday, and preliminary b.'-ar.ng was set for Jan. 12. Swath-'water wood, is cliarged with criminal as-' s;ault against hi.i 1 .'-year-old siey .laughter.

ii. o ue-eroiani was t iKen into cus-, ;o. -luer an investigation was made by Deputy Pros. A. H. Ham bo r sky. Swathwcod is eon:lned to h'.s cell in Iciu of bonds cf $2,000. CAPT. HAMILTON AND ' DETAIL GET WHISKY "eve Fork.ay. 2321 Mary a v.. was I arrested by Cant. Hamilton and de tail w h Mon -lav afternoon. !. quart; of bonded whisky w re f -und in his b.or.-.e. The officers sa!1. had m.o Pcrkay reside; .. . i, .... . f . .i . i i.e. . i.l a I several trips to :-. but until yesd to locate any wet go.ds found yesterday I i w a s h id den t h: mattress f a ; g davenport, for the ferre and liad it n" ee; n ; -ii.o activity detail they would not have been i to arre-tt Pcrkav. He was I a : Si on a charge of unlaw .,.t TV"' s e n of intoxi;at;r.g liquor BURKIIOLDER RESIGNS FROM POLICE FORCE V Ho" it: Purk holder, who has ivir.g Iohce patrol on the ; 0 1 1 ..... fcr the past few ee ks, presented his resignation to Chief of rclire Lnvn Lan at nigh The re-:guation w-.ll take c: medbiiely. Chief I-ane wii the resignation to the v. ect imreport :i;T..iuo:i to ;r.e ; onra o; . . - . - : t- ).. v m s.ife a. ..it.r :.. eiir.k. i r;..:a. ir.e nation, it is said, came as a re - "C: s ' of a reotuest from tho Community Coal Co. J'ictim of Bad Chech Community Coal Co.. 1 .".! W. luvis... n s. Monday :, 1 e e n mad lent check TheV d..- :.. reported to the n.ice fternoon that they ha -j 1 1-, victims or a frauduthe amur.t of : ed the alleged as t"e in, about i 1.5 0 i fee: ISO t i i.. Wei a1- , , d., and wearing and hat. a brown overcoat Deposit of white marble, said to equal the best Italim in quality, has been eli-seevert I ne ir Transvaal. Pretoria. 'docr.is getting n--er te tlie -arth at the years. rate cf a bau' M feet in 200

1C0UHCILMEH BOOST

MAYOR'S PLANS BY PASSING MEASURES Appropriate Money to Health Department and for Seehirt's Secretarv. In order to allow Mayer LV.i F. Soh'rt ari ether officials of his administration to rrcceed with their outlined program, members cf the

city council last night held a special Hull, Kelley and Gall; fees and meeting of 'the committee of the salaries. Councilmen Hug, Kelley whole and reported favorably on and Guzlckl; election. Councilmen three aproprlatir.g ordinances." then Ga'.I. Hull and Hardman; miscel'.aadjourr.fJ into a regular council ses-; neous businets. Councilmen Thorn-f-ion and raised the mea5ure?. ton. Gall and Guzicki; public im-' Th new laws which were Riven provements, Councilmen Hutchinson, special consideration by the alder- Olejniczak and Erler; supervision men included: !hd inspection of minutes, Council-1 An ordinance approving the con- nien Erler, Hutchinson and Kelley. j

tract between the city of South Fend land the South Iier.d Medical Laboratory Corp. and appropriating $1.300 j in addition to the J1.C00 specified in j the original contract. I An or-linance creating a food inisfcticn liv;iion under the control 'of the health department and apjpiopriatinq $1.800 for th employ?r HZrZ to take charge appropriating , ? 1.200 to be p. ill for an a?-sistant 1 inspector. The rage of thu meas-, ure autoniaticallv dissolves the dairy inspector ritie-n. and the new food in-pect-T v.'ill have charge of the dairy work. To Jlmploy StcnographtT. . . .1 . . i . . n,-v an i.irumance ayipropriarin i.'"Jt from the general fund of the city to !tho miscellaneous fund for employ n.ent of a stenographer for Mayor jf-'cbirt This appropriation for'r.ierly taken from the water works 1 fund, but, an pointed out by Mayor ebiri at last night's meetincr. nerr- ic.rtn I-iol V. n r. f r tkn it,i; u -i . r. obtain this .innrrmi-i.nlr,n from tho! ----- j g a u . s. 4 b l rnpr.il fnnrl nf tho Durinsr the committee of the wholo ! meetinc- Dr a rinrb rr t? r Charles S. PnsAnhurv sccrntin- ; the board of health, addressed the nu mbers of tho council and expla Ined to them the advisability of their favorable action on the ordlnance appropriating $1.500 and ap - proving the contract with the South Pnd Medical Laboratory. Dr Ci.irk was the first to appear in b?hal' of the measure. He gave i a brief review of the history of the coniraci ana ine establishment of Ua i- 1.1,. !. TT . .

l"u in uns cnw ite point-lt0 ccl out that il WHS crcat eight ycars agi a,ml at that time the 1:lb-lare.

"'-is abret-u iu muhe i - ous tests not only for the city health ... " V i , 111 fuul". u' 110 i,.,. vv viui e u liiai 1 ' i c 1 ' Ii o I ( j Lilt" !ri,lli,unwint rttllft ,-k- ' u. -i ,. A i ,i uiiM'iiitMi i ill rni i 'i rinr't t r v n i r of South Bend ha(, tQ . b(? i m y 4 4 VHlil i 1 leV ' where laboratories ence. To IJc Paltl Annually. i The fcum of $1,500 was to be paid annually by the city fur the work, which at that time consisted mninlv of tests for various diseases, toed testa und the weekly water te thn hct e.. u ....... j ... in wol i'" Jl-.U.". II' M 'I . inO'

ais-iwork of the laboratories has bn

greatly increased, due to the advent of prohibition and the installation of the city venereal clinic, and that the laboratory officials were now eon vlneed that the old contract price was not sufficient to take care of tho new work. T v .-i . . nr. nanKiin de-ekaied tfi.it tho . clinic was an absolute rssenti.-ti tn

the welfare of the city, and in a j orge J. Geisler and Past Com shoit talk pointed out tö the mem- i rnander Fred Ilimmclberger. bers the direct and indirect beneiits Scores of couples made merry folthe peonle of South Homi ,i lowing the ceremonies at a dance

from its existence. He urged the passage of the ordinance, declaring that tho price stlouiat, d nM.b.r t,.. f -----''-4 !oItl conlra(-'t was entirely inadequate "'J iiouh tor tlie city s share of rvpense toward the upkeep of the in stitution. Mr. Toyne stated that tin. i-ihnn. tory tests of the city water tu.de,. a ; week could not be dispensed with.' He showed that the city water must le tested at least twice weeklv under favorable health conditions n.-i ,at. least oi.ee every day provided the! ever became contaminated. ! I r. Bosenbury ( umpieted ' 'the ! j sp. rh making, urging tho favorable j lac.ion of the city fath-M. H. V('. erated the statements made by Drs. i ciarl k and Shanklin and Mr. Tovne. He then informed the council of his! Plan in establishing tr.e c':ty food In-I sptction department, and oufjir.cd j

the program to be conducted by tho fleer of the day, John F. Weisner; cfhciil of this office. He stated that patriotic instructors Harry W. Bara sum of $1.000 annually would be! rows; post historian. Russell A. Vetsaved the city by the new arrar.ee-' ter : sergeant major, Charles W. inert. !Crum. Jr.; quartermaster sergeant, Ta "c Ordinance.. Or;m F. French, and trustees. Ft eel Two new ordinances were srtrr. . Himmelbe rge r, George j. Geisler a cd

duced at the meeting, one cabin l - i csia oiismiit i.l oi a C.tv f in commission, and one . ppre pria in -$2. ISO. "2 from the general fund of tb.e- city to the miscellaneous fund cf the board cf park commis-ior.r r to bc' llsCti for defraying the exponin my ass vssme ni cn ine im provement of Green lawn a v. Both these- measures were referred to the committee of tho whole. A report of former City Compi ut'.ivi ou.'ui w . wj Kan regarding ! the cash on hand was read. In his ! report Mr. iswygart stated that $50f. j;.oL4 v.is in the eiy treaur:. on was 'Jan. 1. 1H21. while Ji. 1C ireaf-ury a! t h begin: . .,, .s' i..i. l fliis yeir. Walter C. L'rler. ' council, presided at ! th council, while p. Kellrv ; chairman of the committee of the i whe let , a-, tb.e t ei j k e liarge of the business lmlttee meeting. L pen a . . , mut ion f C'-uucilnian seventh wa rd. e-eorco s. i;a ! 11. n. Kimble cf the S i-.if.hiv-.ir mr.! t .1 : . - . . . . :a: lit.-, c 1 - ? r. V i d i-v v. a av .1 councilman the I council chambers. limb e wa present at the m-ecing and agreed1 tc carry out the request of the al-; I introduced 1 derman. Councilman Call tion to have the nrore: a .

...... v., ...4,f; i-- -';f.llri the character cf Molly

Luwi.ci Li.am.vrs :n genera: c.-.ar.c-.;. the n-xt meeting. He stated jar..,- had be:n pding up in that ine ut sr.s icr ine r.asr c:zrr.i v-f i t 1... e e-.t,..t year?, and that th lops Ol the desk? wer covered with it when the ccunci'. met each week. Introduce Amendment. Councilman Hutch r.scn ir.trod'ifn amend m to Councilman s rv.-iion In which re;nn v.-r'i- b e . .-..-....,? tha the ccur.cilmen be furnished key.- :o th.eir desks-. Up n the i -'-ith suggestion of Councilman George-

! I '. Hull, cf th.? first ward. Council -

can Kelley introduced a motion re- ' que . tf Rrt in touch with the formet : rr.u;:l'-r.s of the common council' : and have them tum in their badges so the new councilmen may have ! the '"privileges" accorded themj . ihrr,:i!Vi fV. werir.cr of this Idr-nti-1 bcation mark. The following standing commit tees of the common for the year! 1 & 2 2 were selected and announced a Wavs and mean. Councilmen Hutch 'inson. Hull and Gall: streets and' alleys Councilmen Guzlckl, Hug and :Thor r.ton; sewers and drains, Coun-cilm-n Olejnlczak. Thornton and Hug; grievances. Councilmen Kelley, Hardman and Gall; claims. CouncilFOREIGN WAR YETS INSTALL OFFICERS AT JOINT SERYICE Impresiveness Marks Cere1 . . . IllOniCS ai UllVCr IlOiei 1UU Attend Installation. Impressivcr.es that accompanies the miiltary setting marked the ; ceremonies in which newly elected oflicers of George A. Campbell post 'and N'otre Dame nost. Veterans of ! Fo-eign Wars, were jointly im:alld j in the Rotary room of the Oliver hotel last night. Upwards of 400 I co Tirades and their friends wit.tsed the installation. Assembling in the flag-Jraped room of the hotel, the large audi-er-ce stood at attention when Fred Himmclberger. retiring commander exercises. Deputy Chief of Staff Ivan F. Moore then read to the Incoming ofdcera the oath of the organization and they were accordingly conduct!ed to their ; representing posu. Deputy Moore, the Mate body, then I cor.gratul.it. -d the oflicers and members of both post.", Record to Be Proud Of. "Officers and comrades," said the state authority, "you have a record I f i)e .pr0ud of, and I want you to; j know that we at state headquarters; equally proud of it. George A.! Campbel post is the strongest in the state, and it is my belief that you ; will keep it such i Followins Mr. Moored talk. Se I lolloping . -. , - , . - , ice Commander I-rank G. Nelson. of George A. Campbell post. J . r . . 7 V r. r.,.fVi gf t Vi n 1 unify ana enueu ny lniruaucins uttuuj) William Hazen White Bishop uhite, alter paying a slowing tribute to all service men of the country and to South Bend and Notre Dame service men in particular, extended an invitation to the reception for veterans to be rri Ton 1 ' in ucciauiin tnai it-.- nau luuim I luv ruuui UliU O.JlUiV 1 UUJ .1 His bet of the lot. the next speaker, Itev. Fr. Finnegan of Notre Dame, claimed the life long right to be South F.end regichaplain of a ny ments. titlicr Speakers. Other speakers on the. program included Commanders Harry Wool- ! worth and Lewis Murphy. Dr. ! at which Harry Denny's orchestra i furnished the music, Officers of the two posts who were - 1 seated last night are: .otre Dame pc-st commander, Lewis J. Murphy; senior vice commander. Frank McDermott; junior vice commander, John F. Ityan: adjutant. Robert P. Piordan; quartermaster, Williana Ij. Voss; chaplain, I lev. Charles L. O'Donnell, C. S. C: oilicers of the day, Feter J. Abel; patriotic instructor. Eugene Peyton; post historian. Itev. Matthew J. Wn,!sh, C. S.C.. and trustees, Rev. John McGinn. C. S. C. George Shuster and Paul II. Cas-tner. George A. Campbell post cornmander. H. G. Woolworth; sailor : viro r.onmar.der. Frank G. Nelson: ! junior vice commander. Frank G. Nelson; quartermaster, C. Ik Wat- j f on chaplain, Rev. G. W. Titus; of- i Norm -m K. Neab Fiske 0 'Hara Well Received Is

by':

Oliver Audience Tenor Warmly Greeted iu "The Happy Cavalier"' Plav Lacks Iri-h Color.

tion of the Fiske O'Hara, Ir:sh singer, va3!frnf,.i

i hv a fr.nn v sire.-i aniiier.ro i . . . . . . tat tlie Oliver theater Monday night..

president cr tnewnen i presenie.i ine irij-py the meeting of ' Cavalier."

; It was a good vehicle for Mr . O'Hara whedesome and elt-.m, but ; withal a poor picture of Irish life. j For one who has seen ' The White : iK-aae'i t" ai" v ) an msipiu . th ing. Xe v c r t h e I ss, Mr O'Hara has a robust tenor voice that is altogether . rh.i r'r.lr.sr. His tor lni Always in Love With Someone" was easily the 'hit of the play, a charming song with a tuneful, whistleal the audience liked. chorus And. too. as th.e gallant cavalier I Mr. O'Hara is at his best, witty and i hxmr.iorous to a marked degree. I Tb.e company pporting him Is I fai: VVtll i-. -r.ainvorthv ' The ,;.av N ln f:.lr act? two jSl.,r,.,. nesnondir.sr to an erore j - f. .r v c.-crn.i act. Mr. O'Hara told i o rv .ir.d ronrluded wirb a sn'dr. did song. "Laddie Puck." Last r.ighfs play als marked the. er.d of a series by Iri-h artists, Cf entertainments the Abbey Theater Players. Chaur.cey Olcott, Tern Purke and Fiske O'Hara. Askelon, the ancient Fd'olieal now being explored. city.

Mnt-p COHClSe V CICZS OTX 171007710 1 CLX

Regulations Furnished by Expert

EDITOIi NOTE. More pecln:en income tax cases are cited ad foKed toiiay in the fourth article by R. A. Coi.key, tax Consultant of the Central National T-ank Faris and Trut Company, C.-ve-land. Are any cf ttese similar to &ur case? BY n. A. co.NKirv Question 23 An unmarried individual receives during: the vear Mlary amounting to $j0, dividends S3 00 and insurance from his fit her death cf $5,C)0. Should h: f.lc a return? A. The insurance i5 not taxable and need not appear on the return. His net income, however, li $l0u and he mut file a return. As the dividends are net rubjoet to normal tax this leaves only subject to nomt.il tax and his perse. nil exemption 13 $1000. therefore he ha no tax to pay. Q. co What is the basis cf de termining srain cr loss from the sale cf purchased property? a. ( i ) w itn respect to property .purchased since Feb. 2i. 1)12, th ! basis is its cost. The difference beI twecn the sale price and it?- cost 1: ' either gain or los. j l (-) v ith respct to property purchased prior to March 1, 191.1. the fair market value as o governs iho basis. The examples illustrate is applied: how greater than cost and lprs than sale price: : Property cost 5 1 000.0 0 March 1, ID 13, value 1500.0 0 Sold subsequent to March 1, 1313, fcr 170C.0C Actual gain $ 700.00 Taxable g3in (excess of sale price over M.nrch 1, 1313, aluc). $200.00 Where March 1, 1013, value is' less than co.t but greater than sale price: Property cost 1000.00 March 1. 1313, value S00.0 01 Hold subsequent to March 1, 11 13 for 000.00 Deductible losa excess of ?.Iarch 1, 1313, value over sale price). 500. Where March 1, 1913, value is greater than cost and greater than sale price: Property cost $1000.00 March 1, 1313, value 150C..0 Sold subsequent to March 1, 1U3, for 1200.0C Actual snin $ 200.00 which gain is not returnable, as sale HOKYATH IS SENT TO JAIL AS COURT ADOPTS NEW PLAN Revocation of Heavy Suspended Sentences to Be Used as i;Cllll), on Violators. In line with the new plan of cit court procedure, which, If success-; jful. forecasts the minimizing of liq uor lav.- violations. City Judge Chester D. DuComb revoked the suspended sentence of Matthew Ilorvath. 1624 Catalpa av.. in city court yesterday afternoon and tho defend - ant wad ordered committed in the ,,na,. -,n fnr .:v mnnti TTor-.'tth :)rreted n seconrl tinie with "moo'nshine." liquor and mai!h in his possession, was given until Wednesday noon to settle up hi& afftr rhnro-pu whfeh hro-'frh him before the court yesterday, resulting froni a raid upon his home last Thursday, were continued indefinitely. Sbarp Contratt. The sentence whicli II..rwith is required to serve out in jail was the maximum and is in sharp contrast to the u.ual 30 and CO day sentences heretofore imposed upon 'bo.-.re' offenders. The defendant furnished a touch of humor to the otherwise acrid situation following the courts revocation of sentence. "Ia that all?" inquired Horvath ot his attorne-y, Joseph Kovaca. "Isn't that enough?' replied the attorney, answering question with question. Horvath way arretted i:i November following the discovery of eight gallons of liquor and a srill in hid home. Securing a change of venue, the case came up for trial Dec. v3 before Special Judge A. X. IliMehrand, who, on Deputy Prosecutor Frank L Coughlin's re-commendation, suspended the maximum jail sentence and assessed the minimum fine. The "bait" was promrtly swal-i lowed bv the de-fen dan t who I v. . . Tl-Ot? 'r r- tt i ' ' c i rirrht lif ...:., r::; : "'' I."- ; n n :h ii di.u inc i - -- in- - I i n(j him if he tame ino c ourt Schorn! Ofiensc. Th second time came when Hop vir'i h.-iv.r.sr resumed his a! having resumed his alleged business of manufacturing liquor, 'was caucht in a raid last week. A ; gallon of mule" whisky and 150 ! Jlor-3 ef mash were secured as evijder.ee by federal prchi'nt i n agents. jit became the prosecutor's rr.oe and I he demanded of the court a revocabail tentence formeri In the newly pronaulgr.ted prac e of suspending jail sentences against liquor law violators. f .petuauy ..s. o..e ..uv. . v-.... ... . i.i3 . . - . rf 1 ftp.. ..- ........ 1 . c n 1 radical departure from tr.e U.a. i mode of procedure, an at" tempt to rehabi.itate tr.e judic.il machinery of courts, re -c-gr.izea a.s inadequate in the handling of these cases. Deputy Prosecutor Courl.lm kept pounding on "the idea re -ontl: in addition to winning out In his argument before Special Juige Hildebrand in the- Horvath case, ha obtained a score or more o. neay score or n.uic e. suspended sentences for use 'as a j for i:5o '.is n

club" a-aint continuous offenders. evolves the continued piling up of The present judge of the city court I appeals. Finally the cases are dewas wen over to the theory and the; lay.?. to su:h time that evidence is

past week s proceeding. materially to th- tctal ave added lumber o: aspended sentences. The plan of suspending a stiff jail sentence in addition to assessing a nominal fine, according to the judge. proposes to land the moonshiner bootleg-ger behind the bars on ap- ! pearance before him a second time ' on similar charges. In a id. tion to : culprits actually ser-in r tim in il. whereas they heretofore have ' l ei- ! hi.going free on appeal bonis r rnurt will r. ot have rending Ion their dockets a countless number - - - lJ

pr:ce is than March 1. 1513, j value and therefore no taxable jaün accrued since thai date.

! than c-t a:.d Ksa than sales price: ' 5n co:rt " Property con 0 , lo.at in? he ,av f rom o;-.. t , . vr r ,1 March 1, mC. value 600.00., "lJ . ' 7 ' bold ruossiucnt to Maren 1. v ,

I'JIZ, for S0O.CO, "'J'' "V " " ,

wr.i.ii loss :3 r.ct ciecuctio.e, a3 tuen Icsö did r.ct accrue since March 1. 1313. Q. 31 Why doe. the- date March 1, 1313, govern the br.s? A. As this wa3 the effective date cf the first incom-a tax law, ns accumulated pricr to that date are r.ct la.x'.d and likewise lonseö acc-mu'.a-ted prior to that diie- arc not allowable deductions. Thi wjj the date of the passag; of the Hth amend mer.t to the L'nited States constitution, permitting cortgics.-; to p?.s income tax laws without apportion ment among t.iö states. Tr.e law or m.-r, . haied eu upon net mtonie. Q. Z2 What is the basis tor de - termir.ing gain cr loss from the sale or" property acquired by gift? A. If acquired by gift af:cr Dec. Id, 1D20, the bails shall be tho same 'as it would have been :n tho handa : cf the donor cr Islsi preceding owner

. that date who did not -acquire it by sift. following q. 23 Whf.t is the ba?is if prothis basis jpCrjy i3 acquired by bequest, dcv.ao

j or inheritance? ; the bas:s is its fair market value at j time of acquisition. i Q. 34 la a taxable gain or lss realized upon exchange cf property? A. Where properties of a like nature aro exchanged no gain or losa is recognized, but if the prcp.rj ty received has a ready realizable ! market value in excess of that of the property exchanged there may under certain conditions be a at. lo gain. j Q, 35 What is me;int by loss?" net , , r loss refralting from A. This is the operation cf a trade or business; ! regularly carried on by the taxpay er, including loss in disposing of any capital assets of the business. Thd amount of this "net loss" may bo deducted from the net income of the succeeding year and if the "net lcs.-" is in excess of such net income that excess may be deducted from the net incomo of the second succeeding year.

j handicap: ho placed, without train(In tomorrow b News-Times Con-;Ing in j0v,s suI:a;,Ie to thf.:r disaoilKey shows you how to till out your ity, or receive, assistance in si-curing

?nHme tax rotnru.) of untried liquor cases, if the plan becomes the accepted practice of the city court. Now "3Iattcr of Course." "The city court," said Judge DuComb Monday, "has been reduced to little more than a preliminary hearing for liquor cases." The judge does not believe the plan is the final panacea to forever eliminate the liquor traffic, but he docs believe it will prove a decided improvement over the customary fine and appeal. Liquor cases havo remained pending In city court for months. Unwilling to face the presiding judge, offenders have demanded changes and upon conviction by special judge, months after arrest and arraignment, have sought appeal. Judge DuCsrnb is of the belief the aPPl privilege has been abused, ri . a ;4. a. ; rho worst feature, he says, is that it i Permits the defendant to go forth a !lree man and P1 nefarious business A s-econd time, unafraid except j f a second arrest. Day of Reckoning. j "He is arrested a second time and ! again appeal.s and again goes back to ! Scll!n mikln .1Ior,, DuComb aid. "The day of reckoning may seme day be to hand, but that day has been placed a long way off under former practices of court procedure. Within his first week in office Omacht's successor heard trials of a score of liquor law violators and in every case has meted out a nominal fine upon conviction. In addition, his decisions have carried heavy jail sentences, waich for the most part. laud m conformity to the plan, have been suspended. The concensus of opinion is that Judge DuComb will te lenient with liquor law offenders and changes of venue have been few. But back of the practice of suspending sentences lias been a motive. City court rrocedure, insofar as it concerns the handling and the final disposition of these easas, is due for a sweeping (hange. If tho plan ad duced and rut into practice by the city judge counts for anything, the community may expect to bo rid of the whisky orgy and a less number of appeals taken to higher courts. Tho Simple Program. Pro;. Coughlin's plan propounds! th question whether a man found ! r - - . v y-J itiuvu.'iii.i ing liquor will agree to pay his fine if It be a nominal one and in good faith accept a suspended sentence. ..... the jail sentence to a I posed upon him if actuallv bo imbrought before I his court a second time. ! Such an acceptance forestalls the i defendant's right 3iu v. uyjjtai a;.'.i i . - case insofar as it can r 9 -. 1 r. A .' PCS' the ever be brought before a. higher court. It i? a simple program the judge propo.es to adopt, but its success depends upon the extent of criticism thit might be levelled in his direction at what on the face of it, appears to portend too great an extension of leniency. The enactment of prohibition law has crouded the courts' to such an ; extent that judicial machinery in both city and higher courts has bei come clogged. Scores of such cass r- t , i r. r . u ,le,.., t ; j final dis x.' . wi i ii. uUvivt lj ainu.:.s sposition. Where the prac- ! t:ce in city court has been to fin? and affix a jail sentence in case of conviction, an appeal was immedlate ;y tax en, w h too k the pro ceedlngs out of the jurisdiction of the court. Then, in the montb.3 to come while the case awaits final disposition In the higher court the offender has been able to go forth and t resume business of making or sell resume business or rr.axir.g or selling uücü liquor. The same procedure destroyed or prosetuting witnesses are unavailable. The customary procedure has hroaght about an unweildly congestion of the dockets and a wanton disrespect for the law ty the violators themselves. The results obtained or ; themselves. The results obtained! show little more than a means of show little more than a revenue fcr attorneys. Operating : against theae "benefits" jail sentences have been a costly item for tax - . payers. Put two liquor law violators have servecl out jail sentences durin:r the rs;! vear and these two it is said, did not have money with

which to employ cpt. :1 an 1! 1 r. elect to take an a; ; i!.

, a -at. any pro:e.iur . an ;:nprcv , ii.tr.; over tr.e pr -:r.t hat. 'liquor caes is f-en in t ! brought out ihc-.vir.g Iccal o; of : i - t . e rreprohibition and thrt- ytar f '.; ; ticn of ? .Kh off-.-n.--'-s. Tn--fho-.v a malori'v of a: to their business" of .- making i'.-iuor. Judce I. dares. They have. l eer, their more recent cas -s llir.i anl Cc:.:) äean! otner appeal? ta.-:e rrai o most notorious city court, in w av i : c n b " fore t amount- to only a prelimi hearing a 1 : u - z -j n times. Judge DuComb second offense wil vrorc s 1 1 : br:r.s? alo.; revocation c: a suspende 1 .- r r.tt r v .i.i. c c and the violator mad to certain number cf months P'olire statistics show n creas.ny nun-.ber of drur.s Cn I, J i ludc-e nr thpro ; - ,-r. t r I ! amount of li-iuor to l.- had and therefore a greater numrer encased in the traffic. j AID PLANNED FOR DISABLED WORKERS Ak Address of Local Persons Coming Under Provisions of Rehabilitation Act. Addressing a circular letter to all employers, L. 13. Job. state supervisor of vocational rehabilitation, requests the names r.d a:.ir'5cs of all disabled persons employed, conforming with the rirovSinr.s of the j recently enacted Rehabilitation Law providing for tree trainir.ü: and other se-rrices to phvical'.v i:ablr.l nerI sons. Th letters wu'" i-c iw d 1-y i lo..a, ornir,..,Vt; - - ' 4 V-''-0 ' A V..' . . V ..... T T -I t : I ity which limits then- t. irr.ing pow. r. come under the provisions of the law. whether such disability is the ; result of an accident in industry or ! commerce or is otherwise incurred," ! reads the letter, which continue-: j "Such person may receive training j in a school, a factory, a shop or t!sfj where, for a new occupation in which i their disability will not be a serious artificial limbs or other appliances, thus enabling them to return to their old jobs or to enter new ones." The work, according to the information, is carried on in co-operation with the State Industrial board. BOARD MEMBFBS WILL REPRESENT LOCAL "V AT STATE CONCLAVE Poard Members J. R. Shaft-r. K. Wils 041, W. M. Danner, Jr.. and C. P. DuCrdnb were appointed to represent the South Bend Y. M. C. A. at the t-tate convention to con' veno in Indianapolts. Jan. 11', CO and 21, at the monthly board meeting e-f the association h id Monday night. Other members cf the a.-. elation. business the city. and professional men of will attend the per nnial meeting. hfcc'y Danner announced. j Rt.norts of hV.th I senior and buys' divisions for the month of December were heard at last night's meeting. Discussion of routine business completed the session. Hoffman Named Defendant In Damage Suit for 62,500 For injuries alleged to h ivc s"i: tained as the result of George Hoffman crashing into the car he wart driving at Washington and S. Fran -fi(s sts, or. Avust 2f ir2!. Ldward F. Hajv, a barber ef Mi.-haw aka, Ind.. Monday tiled suit, in cup-r-ior Court Xo. l to rciiect i 2, '''') llama ges. The cejmp'ai that his left aim was, b lie- was S'-vtre-Pc bruise r. a n ' l'ül.e b h bo. . d SlJ". r.: i pita l ar.q tn"f.cian mil f ar.-l he nas in; p. lire. I frfor many week. :.i AGAIN REPORT DEATH OF MARQUIS OKI IMA TOKIO, Jar. fe M ; i quis Okumy. former pr- micr e-f Ja p.m. died at rove n o clMo; i y morn: en Iu seve ra 1 wC' liC : e- a i and aur: part of that tir inte-ns that 1 nouncc-d on Fri Formal ar.rve hie c : ir..-1 w-js ;ith wi ss a a- Pi -. ; r rr e t, t , ' no yt en e r.'!l.:;'-. Notre Dame Youth Now Movie Star Leon P. Ge-ndrop., N 're ate ur r.-'.-.v '-;te Dame student and star I theatricals at the ur.ivers .- e '.playing the prir.cipi! rol Marguerite Clark in : . i : : . Wives" at the Liacksto. i eiGer.dron's r.seet.t in the rilm w,,rll :.g to .-t.tr-p-eriv d. has been phenomenal, ridona within a very short

Vy,'d ''', . J : ; v . V vi V . 'v -.. -: " b,-':'A 'vv, y - ,J -; '- H :'y - v,V -- V. ,:V. A ; i : - '.; (,. .,. . -. .4 f. i . x , : . V-..b; ; ; - b l'b:". . V ;- '; ! - ; V v , .. ".-V..' ... i A":b-j A - ,- ''I s' re v a Vi-':ir-A v: : - ' I -.

TniI7 n T n TD TT IT I IT

lid n riniofi im siEo I ' A V OFFICERS FOR YEAR J. A. Mark Khrtrd Pre-iiient ly Piriliinfr of ?S ::tcr:u n A. K:. of f A r; ' rt r.-. r. invf 5-;--::: :ty rf . c-th-"i ? " r "... .....' ... . Foil, ',1 "'"...' . ' i; a: - - -3 ,--.- ar.'.-r, ac-t;n--t th r. ft s?lo :; R cl r .- f rs N - V 1 Cameraman to Bviiin U or, T orfay in Induttruri Film W -: :c t' V. Ith. t Th-n.as :.:e:.ts r t; C i ior. s an 1 n accord I:-, to I'r i i::rrri I. A i K'-.hn r. 5?. H. Friedloi-. fet cf f.lm o of r V St u:.:vc :ir.i f.atu: ir.g . v ,-j r. i x t e : : aker o-rpora:. e pro lue tier. i'-r In an tnt Dame u rf the s wove:i plot. As an tu res w. "nio :e feitiir-. t. ccn oi Kio s h: Id :. t it.d We bal. which :s ae'id:::-.y top.ht dan ins lav r.titat. Director. extra lights and s.-reer. r in the l ail ro;m for the ; making it as oay-hke as p Pictures taken at the v., the city will be sr. own at a ! at the Oliver theater. ORPHEUM A few lie arty lau gle after another g hs and ee-t th" one g:eact tV.at Filly Drss and hi m p 1 ny foti? n tof the week. P : J:a- tb.e stuff th a real come -lians :r.;ul' of. ai d he j" reduces the r-o, ti'.y to help !.;!: th e-vf-nintr. s'and sop-.- I ds in o !l t ' n; -.- o nt ;::an1 1 e IP r.e -l.de Me n the pa rt of t !. "Love Via ; Skit I ! et.'.e.t "Co. lit . p i ;! D b- Co iv : y" n tb an 1 I to eo : e ar th-- 1 '."." -well. wd:e: lr.iu h if i :i pair ii: tr. i . s a dimi a . . L g grand opera. Her working j'artn r dc 1 -ok his share -bv be.ng g"fd to and the ir dancing ;0 p. '-a sir. Marste-u and Man'.ey work we je-thf-r in "D p-v. v. e ein t l fo.low iry. is a fast . 1 . t 1 ut it : e vi.i-au'ii-t'l.e ":.b. tPUi he i: v; lir a lly. on the "S;'Otl:r-.t. pie-; chievcus p-.oe,. a ere Tit, ;in 1 a ah'd'.g into ihir. that P.' -i" bv t'o -. when bo P .1 r-q an E: He A line oi patt. r b1 b' 1 rail. whe ae I.ai. !.-: h.m 'v',:;-.c? thr hol iij.g b.is ; w.'?o..-r . Hr a deee; s. C)i: the r, fr,r : tbiii an V '. .-' t H'-'s ftu.n A 1 eoir wbioh m te-hni-ali'i'-s ' I nlv h:' ' p ' : e d 1 i ',,.! i ut re . r.-'.s.-ow :: a review .ejV T. .1 or i . Cat 'La Sfi'iof s lit I'e-f .1 ii. III. r d lev King i ' (". rejf .rt'-l Tlie e.nditbm of Mary f. dlb igri, rail da ; :r.-'-v e : x ; - . ; ' abt orr ia a- . v.-p - - r s t o i : - ; Arobibald lb Mdi:re hv tb r.. i T-' 4. ' 1 s, c. r. ' f J .-- - park- fri iu tl rhinmey M- r' ' re. a Las' . : .V. Mettli li hapin ar. Ford .rr- i e r . ; t " : t 1 t o d r ( "r Till ' r rs rfiiuao - c, f :- ; 1 two pare tire1 y ( . - a '. . r ' " "t tr. ; t " t 1 the pol.-e :- R.s'.ph Pvi:". 1 C t ? Main .. M'. lay. H!;l;t daruace-. to tfatli car- vr . ' 4 Al - - r. - o . -.- -i v , w the d N o e. ; Th. was f'oir ii- ling leuiN t f the A. w. .Mr- - 1 r . o r.e-s o y. -,- r.g u.i-y

J

n ii i.i if . i 9 iv Li r 7i