a Forecast RAIN AND MILD. Sunrise, 6:50. Sunset, 5:09. VOL. LXIX WHOLE 21.308 NUMBER.
CHANGE OF AUTO DEATH LAW URGED Attorneys Seek Alteration in Sentence to Secure More Convictions TRIAL OBSTACLES CITED Bar Association Moves to End Legal Practice by Banks An amendment to the involuntary manslaughter law in Indiana in such a manner that a greater number of convictions can be obtained where death results from the negligent operation of automobiles was asked today by the Indiana State Bar Association at its annual midwinter meeting in the Claypool hotel. The association proposed that the present penalty of one to ten years be retained, but urged an amendment to provide an alternate penalty for any determinate period of imprisonment not exceeding one year and a fine not in excess of $500. In the report of the committee on criminal jurisprudence, read by A. J. Stevenson, deputy attorney-general, it was pointed out that courts and juries hesitate to impose long sentences where the only unlawful act charged is negligence.
Prosecuting attorneys over the state are reporting it is difficult to obtain convictions in such cases, the report said A report of the committee on Illegal practices and grievances, approving the action of the Indianapolis Bar Association in a movement to halt the unauthorized practice of law by banks, trust companies and others, was unanimously adopted. The report was presented by John S. Hastings, Washington, committee chairman. Probe Recommended. "We recommend," the report said, "that if pending litigation should reach our upper courts on appeal, that the board of managers the Indiana State Bar Association consider the propriety of representatives of the association participating in the appeal of such litigation to the end that the interests of all lawyers in the state and the public In general be served and protected." Creation of machinery by federal government to the thousands of controversies and legal tangles that swamp various administrative boards and bureaus in Washington was urged at the afternoon session by Colonel O.
R. McGuire, counsel to the controller general of the United and chairman of the special committee administrative law of the AmerIcan Bar Association. Under the present system, the speaker said. there is no direct appeal procedure for controversies decided administratively by most departments. He suggested interdepartmental boards created.
consisting of three employes, with a lawyer as chairman. This plan has been approved, he said, by the American Bar Association's committee on administrative law and by its house of delegates. Industrial Growth Cited. "The country has grown since this state was admitted into the Union and with that growth have come tremendous problems of an industrial and commercial age," he said, "Even if the volume of administrative controversies did not make it impracticable, every sign of the past twenty-five years has pointed to a further growth of administrative agencies and tribunals, with little or no judicial review. with united and intelligent action.
we can secure measure of judicial review." The speaker said he had been Informed that because unfair decisions are frequently made by administrative boards and there is no adequate appeal to obtain a fair review, persons bidding on government contracts usually include a sufficient sum to cover such contingencies. In approving report of the committee on criminal jurisprudence, the association gave approval to a recommendation for repeal of the present law which forbids. prosecuting attorneys to comment on the failure of defendants to testify in their own behalf at criminal trials. The report urged that a law be enacted permitting prosecuting attorneys comment in a manner similar to the rule now applicable in civil cases. Development of some system to remove courts from the influence of politics, whether by the nonpartisan election of judges or by their appointment, was urged at the afternoon session.
Judicial Committee Urged. The board of managers of the association recommended that committee of five members be named to make a thorough study of judicial selection and tenure. This committee would with the Indiana judicial council co and would make an extended study of the success of plans adopted in other states. Russell J. Ryan, chairman of a committee of the Indianapolis Bar make a similar appeared beAssociation recently, appointed to fore a meeting of the board of managers Friday night at the request of Louden L.
Bomberger, state bar president. In the discussion that followed it was said nonpartisan election of judges has not proved successful in some places Continued on Page 3, Part 1 The Weather Indianapolis and VicinityRain tonight or Sunday; continued mild. Indiana-Rain tonight or Sunday; colder north. Other weather details on Page 3, Part 1. THE IN INDIANAPOLIS LIS office, Entered as Indianapolis, second-class Ind.
matter Issued at daily. SATURDAY EVENING, FEBRUARY 5, 1938. STATE BAR LEADERS ACTIVE AT MEETING Some of the leaders of meeting today at the Claypool Roscoe C. O' Byrne, Brookville, 'LITTLE BUSINESS' TO FORM COUNCIL Leaders Agree on Proposal to Set Up Advisory Organization WASHINGTON. February 5 (A.P.) -Leaders of the "little fellows" conference agreed today to try to set a permanent organization to keep the government advised of the small business man's needs.
Members of the committee which carried to President Roosevelt twenty-three conclusions reached by the noisy, two-day conference talked over with Daniel C. Roper, secretary of commerce, the advisability of setting up a permanent organization similar to his advisory council, composed of "big" business men. They reported an informal agreement to return here, possibly in late March or April, to try to evolve 8 definite plan of organization. Mr. Roosevelt told the committeemen yesterday that if such an organization were formed he felt the small business men sbould set it up themselves.
rather than himself or 8 government agency naming its members. me Group to Confer on Railroads. Representatives of railroads, banks, unions and the government are included in the group which will discuss financial ills of the nation's railroads at a conference with President Roosevelt. The conference, arranged under auspices of the interstate commerce commission, will be confined to financial matters, Chairman Walter M. W.
Splawn said. The date has not been announced. Senators, Burton Harry Truman Wheeler who conducted the senate investigation of railroad financing, are among those invited. Wheeler has advocated reduction bond interest in cases of overcapitalization and curtailment of duplicate facilities. Others to attend are: Chairman Splawn, Joseph B.
Continued on Page 3, Part 1 MRS. DAVIS FAILS TO GET NEW TRIAL Attack on Drunkometer Evidence Rejected-90 Days Given for Appeal Mrs. Florence- Simmons Davis, convicted recently of involuntary manslaughter in connection with a fatal traffic accident, lost today in an effort to obtain a new trial. She was sentenced recently to a term of one-to-ten years in the Indiana Woman's Prison following trial in criminal court. She was charged with driving an automobile that killed a fourteen-months-old baby and injured five other persons on the south side last summer.
Judge James A. Emmert, ville, special judge, denied her motion for a new trial and granted ninety days for an appeal. Her attorneys had based the motion principally on the fact that 8 drunkometer had been used on Mrs. Davis following her arrest. Drunkometer Rejected as Evidence.
A drunkometer test failed as convincing evidence in 8 municipal court case late Friday. Police testified that the apparatus was used on Harvey S. Young, age forty-six, 109 North Gale street, following his arrest January 27, and that it showed that the motorist was intoxicated. George S. Dailey, judge pro questioned the reliability of the drunkometer and its value as courtroom evidence.
He acquitted Young on charges of drunkenness and operating a motor vehicle while under Er influence of liquor, withheld judgment on a charge of resisting an officer and fined him $3 for failure to stop for a preferential street. Dr. Rollo N. Harger, toxicologist, invented the drunkometer, said today, he was not informed of the Young trial in advance. Dr.
Harger indicated he has arranged with police officials here to present a more complete explanation of it in future trials. NEWS LAST EDITION EIGHTEEN PAGES BY MAIL BY LOCAL ZONES CARRIER 750 TO 120 $1 A MONTH WEEK THREE CENTS GERMAN ECONOMY PURGE FORECAST Move Expected to Follow Army Shakeup-13 More Generals to Retire NAZI POWER EXTENDED 4-Year Plan UnsatisfactoryNew Foreign Trade Practice Predicted BERLIN, February 5 (U.P.) -A tightening of Nazi control in the economic field may follow the drastic shakeup in the army, air force, foreign office and diplomatic service, it was predicted in some quarters tonight. Strong hints that the process of "amalgamation of the army and Nazi party" had not been completed, and that there would be further moves, were thrown out by Nazi party newspapers. It was indicated that a declaration on foreign and political matters which Fuehrer Adolf Hitler is to make to the Reichstag February 20 might mark the end of a reorganization period. It was announced officially that seven army and six air force generals will retire February 28.
It was admitted semi-officially that the retirements are based on "differences of opinion." With himself in ful control of the entire fighting forces as chief of national defense, with the war minister and the army commander-inchief eliminated, with a switch in foreign ministers and the recall of three key ambassadors, Hitler has effected what some foreign diplomatic quarters call "a bloodless June 30." But Nazis, while and admitting that the shakeup clears atmosphere of political tension, deny stoutly that there is anything at all to suggest in it a bloodless version of the drastic purge. of June 30, 1934. Dominance Strengthened. It is generally felt that at least for the present, Nazi dominance in army and foreign policy has been vastly strengthened, partly by "promoting" certain conservatives, partly by frankly getting rid of some conservatives. As regards the possibility of a tightening up in the economic field, there has been dissatisfaction in some quarters with the development of the four-year plan of economic self-sufficiency, and it is felt that this fiel1 may be next.
In this connection there is some interest in the appointment of Karl Von Jazwitz, an advocate of foreign trade monopoly, as head of a department of foreign trade, exports and foreign exchange in the ministry of economics. Nazi quarters said that what has just occurred is "a further National socialization of the country" -tantamount to tightening party control. More Active Foreign Policy, Only the future, it was indicated, can show in what form the process of "amalgamation" will be carried further. Newspapers celebrated the shakeup as a new and important stage in the historic process of establishing National Socialist (Nazi) leadership in the state and the army. Extension of the Nazi party's control of the foreign ministry and ministry of economics, the promo- Continued on Page 7, Part 1 active at the annual midwinter They are, left to right, Judge citizenship committee; Louden L.
H. Hill, Vincennes, vice-president. the Indiana State Bar Association hotel are shown in the above picture. state chairman of the American of the association, and William Table Compares New and Old Prices on High School Texts The state board of education has adopted twenty-three new books and readopted twenty-one for 1 use in state high schools beginning 1 next fall. This action was taken Friday afternoon at the regular five-year adoption meeting.
Parents had hoped that books now in use would be continued in most instances SO they could save money by buying used texts. The board also approved eight additional new books for biology and economics, subjects which had not been covered in previous adoptions. It exercised its option in placing these subjects in the adoption. Books now used in many schools in those subjects will be invalidated by the larger coverage of the new adoption. The board's action will result in undetermined increase in the amount paid for high school books next year by parents of the 175,000 high school pupils.
A table 0. prices on high school textbooks under the new adoption by the board compared with old prices is presented here. The adoption will become effective next fall, lasting five years. All prices which follow are wholesale, to which is added 20 per cent. for the retail price.
New books adopted and readoptions also are shown. New Subject. Price. Price. AlgebraBook 1.
.81 .75 Book 2..... .81 .75 .93 .93 Solid .75 .75 ArithmeticFull 1.20 .95 Brief .96 .70 history. 1.44 1.29 Eurp. history 1.59 1.59 Eurp. history 1.59 1.59 1.26 1.00 history.
1.48 1.35 1.44 1.47 Alternate 1.23 grade 1.29 Alternate 1.47 Only Alternate 1.35 Two Ai nate 1.23 Books 10th grade 1.44 Alternate 1.47 1.50 1.44 Alternate 1.29 11th and 12th grades 1.62 American 1.50 English 1.65 TRAFFIC VICTIM DIES IN HOSPITAL. Crash Injuries Fatal After Auto Plunges Into Utility Pole The name of Manson LeMar Neidlinger, age thirty-three, 237 West Thirty-first street, was added to the city's traffic toll today. Neidlinger died shortly before midnight Friday in City Hospital of injuries received in an accident earlier in the day at Twenty-first street and Northwestern avenue. He was the seventeenth traffic victim in Marion county this year. Neidlinger was a passenger in a car driven by Forest Kennedy, age thirty-seven, 1630 Montcalm street, which went out of control and crashed into a utility pole.
Kennedy and another passenger, David McDougall, age thirty-two, R. R. 17, Box 47K, were injured. Mr. and Mrs.
Manson Neidlinger, Neidlinger, 8 a machinist, son of was born in New Augusta and was a graduate of Arsenal Technical High School. He was a member of the Christian church. Survivors, besides the parents, are three brothers, Henry and Lloyd Neidlinger, both of this city, and L. S. Neidlinger, St.
Louis. Funeral services will be held Monday at 10:30 a. m. at the Tyner mortuary, with burial in Crown Hill cemetery. 800-POUND TRANSFORMER FALLS, INJURES WORKMAN by falling 800-pound transformer, Myron Segal, age thirty, Chicago, was seriously injured today at the Industrial Machinery Company, 2100 Fletcher avenue.
Segal, with two other men, was loading the transformer on a box car when it slipped from its supports, hitting Segal's head. He was taken to Methodist Hospital, What Are Your Naval Building Plans? U.S. Note Asks Japanese; Reply by February 20 Demanded Two Gunmen Sought After Seizing Grocer, Wife and Child in Holdup Attempt Two bandits who kidnapped a south side family in an unsuccessful holdup attempt were sought by city and county authorities today. The gunmen kidnapped Orville Clarke, 5139 Manker avenue; his wife. Ruth, age twenty-five, and their three-year-old daughter, Patricia, in the 4400 block in East Michigan street late Friday, but released the family unharmed an hour or so later, after the holdup attempt had failed.
Clarke, accompanied by his wife and child, had closed a Standard grocery, of which he is manager, at 2620 Madison avenue, en route to the home of a relative when bandit car drove alongside. Flourishing revolvers, the gunmen ordered Clarke to pull over to the curb. This was the beginning of terrifying evening for the Clarke family. One of the gunmen entered the family's car. the warning "We mean business," the bandit forced the grocery manager to drive back to the store, a distance of nearly seven miles.
The other gunman followed in the bandit car. Arriving at the rocery, Clarke was ordered to bring out the day's receipts. But while he was inside the store, a cruising police squad passed, unaware that a crime was taking place. CITY CONFIDENT OF WPA AIRPORT AID Officials Told New Plan for Federal Grant Might Be Acceptable Family Takes Kidnap Ride Alarmed, the gunman who had ridden with the grocer and his family put the car in gear and drove rapidly away with Mrs. Clarke and the child.
The other bandit followed. Clarke, emerging from the store as the cars were disappearing, notified police. Speeding toward Indianapolis, the gunman driving the Clarke automobile turned the car sharply into Pleasant Run boulevard. It skidded in soft mud and stuck fast. The bandit offered Mrs.
Clarke money to telephone for assistance. When it was refused, he fled on foot. The grocer's wife, carrying her daughter, went to a nearby home and notified her husband of her release. While in the custody of the kidnapper, frightened child sobbed continuously, for her father, the mother said. "Where's Daddy? What's happened to him?" she cried repeatedly, her mother related.
Two deputy sheriffs were injured in a collision while. en route to answer the grocer's telephone call for help. Charles McCallister, chief jailer, received injuries to a leg and hand, and Paul Rich, a deputy, suffered a broken nose when the sheriff's emergency car crashed into a street car at Delaware and. South streets. 3 SLAIN IN FIGHT AFTER BANK RAID Two Bandit Suspects, Policeman Dead--Four Others Are Wounded COLUMBUS, February, 5 (A.P.) -Police recorded the $3,500 robbery of a branch bank here yesterday as solved today with the bloody notation- -one police detective and two bandit suspects slain, four persons wounded.
Vincent Grinkowicz, of Cleveland, and a man known only as Mac were killed police and four men engaged gun battle in a when, two-story west side rooming Authorities house following the holdup. were checking with the federal bureau -of investigation in an effort to identify Mac. Detective Robert M. Cline, fortytwo, died in a hospital early today after physicians attempted to save his life through blood transfusions. He had been wounded in the stomach.
Francis C. Canny, United States district attorney, said earlier that if any wounded officer died he would demand the death penalty for the surviving suspects. A federal law makes participation in a bank robbery involving the death of a police officer subject to capital punishment. Carl Boettcher, twenty-four, of Cleveland, one of the targets of police bullets, is in serious condition, his left lung pierced by a bullet. First reports listed Charles Bird, notorious bandit, as one of the victims, TRIAL OF ALLEGED QUACK IS SET FOR FEBRUARY 14 Trial of Michael Connell, selfstyled "doctor" and sponsor of health lecture courses in several states, today was set to begin February 14 criminal court.
Connell has sT been indicted on a charge of mistreating a Peru girl who visited his office. Britain, France Take Similar Steps Other Details on Page 7, Part 1 1.17 $1.65 1.14 1.05 year .99 .99 year 1.20 1.20 6 1.05 1.05 10 1.20 1.20 6 book 1.47 1.20 10 book 1.47 1.35 1.20 1.20 Essentials 1.20 1.20 1.50 1.26 course 1.26 1.23 Alternate 1.42.5 Alternate 1.29 1.50 1.35 Alternate 1.29 1.35 1.35 Alternate 1.35 1.23 Alternate 1.35 1.35 Alternate 1.20 1.16 1.35 1.35 Alternate 1,35 1.35 1,41 1.35 1.41 1.35 1.05 1.05 1.29 Alternate 1.32 Alternate 1.35 (Not Alternate 1.08 In Economics 1.20 Last Alternate 1.35 Adopt.) Alternate 1.26 Alternate 1.38 New book. price of two books under old adoption. New Books in Nine Subjects. The board chose new books in nine subjects, geometry, American history, civics, world history, literature, composition, agriculture, commercial geography and commercial arithmetic.
Readoptions were in eight subjects, algebra, modern history, ancient history, Latin, German, botany, zoology and physics. In chemistry two new texts were selected and two reapproved. Biology and economics texts chosen are new. One item of solace from the parents' standpoint was the board's substitution of a single English composition book for two now used. The new book will cost $1.30 while the combined cost of the two is $1.98.
Under the old adoption fifteen companies held contracts. The board's action Friday covered twenty-one companies Boy Falls Through Ice, Drowns; Man Collapses Trying Rescue KOKOMO, February 5 (Spl.) -A venture on thin ice in Wildcat creek cost the life yesterday of Thomas Elyea, thirteen-year-old Kokomo eighth-grade pupil. Robert William Glassburn, age twenty-two, almost was drowned in an effort to save the boy. collapsed after leaving the water. R.
F. Gammans, fire chief, also plunged into the freezing water in a vain attempt at rescue. The boy finally was pulled out by grab hooks and firemen worked two hours with an inhalator. Young Elyea was born in Indianapolis and is the son of Mr. and Mrs.
Harry Elyea. Boy's Skull Fractured in Crash. NEW ALBANY, February 5 (Spl.) -Kenneth Keehn, age twelve, son of Chriss Keehn, New Salisbury, today was in a critical condition in St. Edward's Hospital from a fractured skull suffered in a motor accident eighteen miles northwest of here. The machine, driven by the father and also occupied by his wife, Mrs.
Minnie Keehn, thirty-eight, crashed into a pole when Keehn lost control. Keehn suffered a fractured collarbone and Mrs. Keehn received body injuries. Richmond Crash Fatal to One. RICHMOND, February 5 (A.P.) -Virgil Meore, age twentythree, of Richmond, died en route to a hospital late last night juries suffered when his automobile collided north of here with a car driven by Mrs.
Maude Newton, age fifty-three, also of Richmond. Mrs. Newton and James Mitchell, living near Chester, Moore's companion, were injured slightly. Indianapolis Man Injured. SHELBYVILLE, February 5 (Spl.) -Edmund W.
Genier, age forty-one, of 347 West Thirty-first street, Indianapolis, was badly injured when his car left the road and crashed into a telephone pole in State Road 29, three miles northwest of here, late Friday. Farmer Gored by Bull. WARSAW, February 5 (Spl.) WASHINGTON, February 5 (A.P.) -The United States asked Japan today whether she is building or intends to build battleships larger than 35,000 tons. If so, a note to the Tokyo government said, the United States will build larger ships, but is willing to discuss limitation of their size. Cordell Hull, secretary of state, announcing this action, said it.
was taken after consultation with Britain and France, signatories of the London naval treaty of 1936, which are taking similar steps. The formal note presented I to the Japanese government by Ambassador Joseph C. Grew demands reply by February 20. No reply, it said, will be regarded as an admission that Japan is building ships beyond the limit, and the United States then would "resume full liberty of action." The United States has built no battleships in excess of 35,000 tons, in accordance with the London treaty. Admiral William D.
Leahy, chief of naval operations, told the house naval committee this week reports have been published in Italy that Japan is building craft. The navy, he said, has been unable to confirm these reports. Publication of the state department's note led to speculation that it was this matter which Captain Royal E. Ingersoll, head of the navy war planning board, discussed recently with the British admiralty. Conversations Secret.
Leahy refused yesterday to disclose publicly the nature of Ingersoll's conversations, although telling the committee that he would make a "frank statement" in private. His refusal brought the conjecture that there is a naval understanding with Britain. Japan's reply, if made, will be received while the committee still is considering the bigger navy program, and the answer presumably will be taken into consideration in the committee's conclusions. Lack of a reply also will be evident by that time, together with all the implications that will be drawn from such a fact. Secretary Hull attended a cabinet meeting yesterday afternoon and afterward conversed privately with President Roosevelt.
It is said they talked over the communication to Japan. The assurances Hull demanded of Japan, said the note, must "satisfy the American government that it (Japan) will not, prior to January 1, 1943, lay down, complete or acquire any vessel which does not conform to the limits in question without previously informing the American government of its intention to do so and of tonnage and caliber of the largest gun of the vessel or vessels concerned." The willingness of the United States to discuss limitations of size is expressed by the clause: "If, however, the Japanese government though engaged in, or intending to engage in, construction not in conformity with treaty limits, is willing to indicate forthwith the tonnages and calibers of guns of the vessels which it is constructing, or is intending to construct, the American government for its part will be ready to discuss with the Japanese government the question of the tonnages and gun calibers to be adhered to in future if Japan is now prepared to agree to some limitation." Time Limit Set. Such consultation, however, the note said, should be completed by May 1. The time limit of February 20 was set to Japan's reply so that this government will have time to prepare its own naval estimates and present them to the other powers to the London naval treaty of 1936 -Britain and France -by May 1, as the treaty requires. Information is also demanded -Henry Shriner, age fifty-seven farmer, six miles northeast of here, was injured Friday by a bull.
The bull knocked him down once and on the second attack hurled him through a fence. Shriner knocked the bull to his knees with a club, then escaped. Indiana Farmer Killed, One Hurt. CHICAGO, February 5 (U.P.)Samuel T. Rasor, age sixty-one, was killed and his companion, Grant Daniels, age thirty-seven, was injured seriously late yesterday when their truck was struck by an automobile.
men were farmers from Valparaiso, Ind. Excitement of Runaway Fatal. SULLIVAN, February 5 (Spl.) -Excitement' caused when a team of horses ran away was blamed today for a heart attack fatal to Hiram Drake, age sixty -six, farmer. M'Nutt to Leave Islands for U. S.
by Plane Feb. 11 MANILA, February 5 (A.P.)Paul V. Mcnu*tt, United States high commissioner to the Philippines, said today he will leave by plane February 11 for the United States to report to President Roosevelt on Philippine's affairs. Mcnu*tt originally had intended to leave January 29 and then February 2. He said he will stop at Indianapolis February 19 for the Indiana Democratic Editorial Association meeting and later will return to Indiana for visits at French Lick and Bloomington.
WASHINGTON, February 5 (A.P.) -Senator Sherman Minton has announced his big reception here in honor of Paul V. Mcnu*tt has been postponed from February 17 to February 23. A new proposal for WPA funds, which officials believe will be acceptable to WPA authorities, has been sent to Washington in an effort to assure location of the new $800,000 bureau of air commerce experimental station at the Indianapolis municipal airport, it was learned today. City officials said that when they submitted the original proposal to the WPA, which was formally rejected Friday, they were informed that the request could not be reconciled with the "man-month" ratio applied to all WPA projects. The new proposal, it was learned, was worked out in a Washington conference of I.
J. Dienhart, airport superintendent, WPA representatives and representatives of the air commerce bureau. A spokesman who has been acting in behalf of the city in the attempt to obtain the station said he had been informed by Washington authorities that only minor details of the new proposal remain to be ironed out. Mayor Walter C. Boetcher, who returned today from a vacasaid no necessity a trip to Washington at this time, since no final action has been taken on the new proposal.
The bureau of air commerce still is holding to its selection of Indianapolis as the logical site of the station, according to city officials, who said they believe the WPA aid will be, given for constructing necessary runways and buildings to house the station. Continued on Page 7, Part 1 News Features Pages. Boake Carter ...1, Part 2 Comics .2, 3, Part 2 Crossword Puzzle. ...2, Part 2 David Lawrence. ....1, Part 2 Editorials ....6, Part 1 Financial ..8, 9, Part 2 Health Column.
...2, Part 2 Movies .2, Part 1 Radio Program. ...3, Part 2 Serial .3, Part 2 Society .8, Part 1 Sports 4, 5, Part 1.
