The Indianapolis times. [volume], June 30, 1927, Home Edition, Image 1

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SCRIPPS-HOW ARD
CITY TO ELECT
NEW MANAGER
BOARDNOV. 8
Date for Choosing Commis
sioners Is Set Subject to
Court’s Veto.
SUIT WILL TEST LAW
County Attorney Advises
Prompt Action Because of
Statute’s Vagueness.
Nov. 8 was set today by city elec
tion commissioners as the date for
the election to chose commissioners
to serve the city when the city man
ager form of government is put into
operation.
The election date, however, is
aubject to the court’s veto.
A friendly suit will be filed at
once, to determine whether accord
ing to law the election should be
held this fall or ih the fall of 1929,
City Clerk William A. Boyce Jr.,
announced.
County Attorney Clinton H.
Givan advised the commissioners to
hold the election this fall.
The “mayor savior” amendment,
passed by the last Legislature, to
the law providing for the manager
form is “vague, uncertain, and
ambiguous,” he declared.
Delay Might Be Fatal
Providing that the manager form
can not be instituted untli Mayor
Duvall goes out of office Jan. 1,
1930, the law does not state defi
nitely whether the election should
be held at once after the city votes
to adopt the manager form or in
the fall before the city commis
sioners take office, he said.
He advised that the election be
held this fall, pointing out that if
it is not and the courts should hold
it should have been, an election in
1929 might be prevented.
The election commissioners or
dered Boyce to prepare petitions
immediately for candidates for the
manager commission. Candidates
must have 968 signers to get their
names on the ballot.
Seven to Be Elected
Seven commissioners are to be
elected. They pick the city manag
er and take over legislative duties
of the present council.
The suit which prdbably will be
filed by manager movement leaders
is to be an action to prohibit Boyce
from making any expenditures in
preparation for the election this
fall.
Boyce said the election commis
sioners did not discuss the legality
of the provision of last Legislature’s
action prohibiting the manager form
from going into action before 1930,
about which there also has been
some question.
SUPREME COURT MAY
GET DR. COOK’S CASE
Attorneys Continue Fight for Ex
plorer in Prison.
By United Press
FT. WORTH, Texas, June 30.
Attorneys for Dr. Frederick A.
Cook, explorer, serving a term in
Leavenworth Federal penitentiary
charged with using the mails to de
fraud, today prepared to take steps
to place the case of Dr. Cook direct
ly before the United States Supreme
Court.
SCREEN DOUBLE DROWNS
Girl, Subbing for Dorothy Dwan,
Fall Into Stream.
Bu United Press
MERCED FALLS, Cal., June 30.
—Filming of a dangerous scene on
the Merced River resulted in the
death of Miss Ethel Hall, 22, double
for Dorothy Dwan, screen actress.
Miss Hall fell into the rapid wa
ters of the river yesterday when the
boat in which she and Wallace Mc-
Donald, extra, were acting, capsized.
DREW’S CASE CRITICAL
{Stage Star Has Been II for Five
Weeks.
By United Press
SAN FRANCISCO, June 30.—John
Drew, for half a century one of
the leading figures on the American
stage, continued in a critical con
dition here today.
He has been ill of arthritis for
five weeks.
Free Baths
Get out your bathing suits,
kids, and cool off at the fire
stations tonight.
Mayor John L. Duvall, at the
suggestion of The Times, to
day directed firemen to attach
spray nozzles to hoses In front
of all stations and provide
spray for children to play in
from 7 to 7:30 p. m.
If it continues hot Friday,
the mayor said he would direct
the firemen to repeat the spray
parties from 3 to 3:30 p. m.
And If it keeps on being hot,
the mayor says he will see to
it that the youngsters continue
to get cooled.
Seven to 7:30 tonight. If you
don’t have a bathing suit, wear
overalls or an old dress.
Complete Wire Reports of UNITED PRESS, The Greatest World-Wide News Service
The Indianapolis Times
Generally fair and continued warm tonight and Friday.
VOLUME 39—NUMBER 43
Champion Mother to Take Vacation
Mrs. Barry Horseley is go
ing to take a vacation from her
job—rearing thirteen of her
eighteen children still living
at home, including the twins,
Margie and Mildred, shown
with her here.
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CONCEDE NAVY
POINTS TO U. S.
England Ready to Accept
Parity With America.
B 1 WASHINGTON, June 30.—Secre
tary of State Kellogg announced to
day that the United States has re
ceived assurances that Great Brit
ain is willing to accept parity with
this Government in all classes of
ships and desires that the Geneva
negotiations be conducted on that
basis.
The British assurances, trans
mitted through the American arms
delegation at Geneva, were accepted
by Kellogg as removing difficulties
arising during the last week in the
arms conference.
The British delegation previously
had declined to commit itself to
equality with the United States in
small auxiliary craft, and had ad
vanced capital ship proposals which
the United States interpreted as an
attempt to put the American navy
in an inferior position with relation
to the British craft.
The Exchange correspondent, in
another message, said he had
learned reliably that the United
States delegation today received au
thority from Washington to discuss
the battleship question, but only on
condition that there should be no
attempt to modify the five-flve
three ratio of the United States,
Great Britain, and Japan.
NAME ILLINOIS MAN TO
HEAD VEILED PROPHETS
Otto F. Hildebrandt Honored at
National Convention.
By United Press
CLEVELAND, 0., June 30.—Otto
F. Hildebrandt of Rock Island, 111.,
was elected grand venerable prophet
of the Mystic Order of the Veiled
Prophets of the Enchanted Realm
at the national convention here to
day. This places Hildebrandt to be
grand monarch of the order in 1936.
His opponent for the office was
John H. Cox of Cleveland.
COLLINS GETS COUNSEL
City Purchasing Agent Retains
Ryan, Ruckelshaus & Ryan.
City Purchasing Agent John J.
Collins, charged in a Criminal Court
affidavit with soliciting a SSOO bribe,
today ’announced he had retained
the law firm of Ryan, Ruckelshaus
& Ryan to represent him.
Arraignment will be Tuesday be
fore Criminal Court Judge James
A. Collins.
Mayor Duvall also retained the
same law firm some time ago to
defend him against tjie charge of
making alleged fraudulent election
reports.
WRIT TO OUST LINDSEY
Order Is In Accordance With Su
preme Court Rulings.
Bv United Press
DENVER, Colo., June 30.—The
final step in the dethronement of
Juvenile Judge Ben B. Lindsey frcm
thee court he founded nearly
twenty-six years ago was taken here
today when another writ was is
sued.
At the request of counsel for the
estate of Royal Graham, who op
posed Lindsey in the last election,
District Judge Frank McDonough
issued the ouster order, in accord
ance with the recent ruling of the
Colorado Supreme Court.
Hiller Office Supply Cos. Main 0612.
Accounting and system service gratis.
—Adv,
mm fIPHf
,31 j ~ EL*
Maid to Watch
13 Children
for Week
By ELDORA FIELD
Indianapolis’ champion mother,
Mrs. Harry Horseley, 5640 Guilford
Ave., is going to take a vacation.
She is goiifg to pack a hatbox and
a couple of bags, give the maid final
instructions about caring for father
and the thirteen children, and flit
away for at least a week of freedom
from her job—one of the moSt im
portant in Indianapolis.
She is not even going to let a
qualm about the twins, brown
eyed Margie and blue-eyed Mildred,
born only last fall, interfere with
complete relaxation of mind and
body.
Mrs. Horseley started taking a
mother’s vacation years ago. Her
robust health after bearing eighteen
children attests that it is a good
idea, her friends say.
“Some folks might think it selfish
for a mother to absolutely step out
of the family picture and go on a
vacation without the children,”
commented Mrs. Horseley “but It’s
really the most unselfish, the wisest
thing a busy mother can do.
“Withone in charge, the children
will get along ' beautifully. When
mother comes back, she’s refreshed
and full of enthusiasm for her job
again. It’s the only kind of vaca
tion—for the mother of a large
family, anyway!”
“It’s not that the children can’t
get along without mother, when
she hesitates to refurbish her ideas
and body change of scene and
duties,” Mrs. Horseley added “the
children, in charge of a careful maid
and the rest of the family, play hap
pily and get along beautifully.
“It’s mother who misses the chil
dren, unless she makes up her mind
that her going away for is really
their sakes and to fit her to do far
more for them than she could if she
wearily stuck to her job the whole
year through.”
FIFTY LOSE PARK IOBS
Action Taken to Keep Expenses
Within Budget.
R. Walter Jarvis, park superin
tendent, today ordered about fifty
workmen released from the park
force to keep labor expenditure
within the budget.
“This will greatly cripple our
general maintenance program,”
Jarvis said.
About ten employes at the nursery
and four from each large park will
be dropped until April, 1928. The
new budget is effective Jan. 1.
CHINESE WAR MAY END
Movement for Armistice Is Reported
Under Way.
Bv United p ress
LONDON, June 30.—The Dally
Mail’s Pekin correspondent reported
today that a strong movement is
afoot in North China for the calling
of an armistice by the northern gov
ernment and the arranging of peace
terms with Chiang Kai-Shek, na
tionalist leader.
West to Celebrate 4th and Coolidge’s Birthday
-81l United Pret>s
RAPID CITY, S. D., June 30.
Arrangements to give President
Coolidge the biggest birthday cele
bration he has ever had ors his fif
ty-fifth natal day, July 4, were be
ing made by Mrs. Coolidge and the
citizenry today.
A cowboy band from Terry, Mont.,
is arranging to come here and sere
nade the President from the lawn of
the summer White House. Numer
ous automobile pilgrimages from
INDIANAPOLIS, THURSDAY, JUNE 30, 1927
Taking a “mother’s vacation”
is “really the most unselfish,
the ivisest thing a busy moth
er can do, because she comes
back refreshed and full of en
thusiasm for her job," says
Mrs. Horseley.
PAY POLITICAL
PROBERSS3,OOO
Two Special Prosecutors
Granted Remuneration.
Criminal Judge James A. Collins
today awarded John W. Holtzman
and Emsley W. Johnson $3,000 each
for sixty-one days’ service as spe
cial prosecutors in the Marion
County political investigation.
Collins set the figures after attor
neys had testified what they thought
such work was worth. Charles Rem
ster suggested $6,000 each; Alvah
J. Rucker, $5,500, and Charles S.
Wiltwie, $5,000.
Collins told the special prosecu
tors that their pay for participa
tion in further moves in the four
criminal prosecutions they have
started against city officials will be
fixed later.
The $3,000 fees cover the period
during which the special prosecu
tors served in the James E. Armi
tage contempt case, growing out of
an alleged attempt to bribe Grand
Juror Claude Achey not to indict
Mayor John L. Duvall and in the
investigations resulting in filing of
affidavits against City Controller
William C. Buser, Former Market
Master Earl Garrett, and City Pur
chasing Agent John J. Collins.
INGE CHEATS DEATH
Famous Film Director Is
- Periled by Chloroform.
Bu Unit t It css
FULLERTON, Cal., June 30.
Ralph Ince, Hollywood motion pic
ture director, was found in a semi
conscious condition from chloroform
in his suite in a hotel here early
today. Ince Is a brother of the late
Thomas Ince, film producer.
He waas rescued from death by
two members of his company, who
detected the chloroform fumes and
forced the locked door of his room.
A police investigation is under
way. *
PEAK SCALER MISSING
Fate of Mountain Climber Still
Unknown.
Bv United Press
SALT LAKE CITY, Utah, June 30.
—The fate of W. H. W. Evans,
mountain climber of Pasadena, Cal.,
who sought to scale the Great White
Throne peak in Zion National Park,
still was in doubt today.
Forest rangers late Wednesday,
while searching the trails up the
hitherto unconquered peak that
rises 3,200 feet above the floor of
the canyon, called to watchers be
low to send medical aid.
Whether Evans was Injured or
merely exhausted from exertion and
exposure is unknown.
surrounding States have been
planned and a big delegation is ex
pected to greet him.
Mrs. Coolidge went over to Custer
and purchased fireworks —Roman
candles, pinwheels and sparklers.
School children of Rapid City are
expected to go up to the lodge in a
delegation for a joint celebration
of Independence day anfi Mr. Cool
idge’s birthday. Mr. Coolidge him
self is planning nothing but a quiet
day at home, but with bands, dele-
HEAT TO KEEP
FIRM GRIP ON
CITYFOR DAY
Faint Hope for Relief Given
by Weather Man Before
Saturday Morning.
ONE DEATH REPORTED
High Mark for Season, 94,
Recorded Wednesday;
Night Is Scorcher.
Hourly Temperatures
Wednesday
7 p. m 88 10 p. m 83
8 p. m 87 11 p. m 82
9 p. m 85 12 (midnight) 80
Today
1 a. m 79 8 a. m 83
2 a. m 78 9 a. m 87
3 a. m 77 10 a. m 87
4 a. m. 76 11 a. m 88
5 a. m 75 12 (noon) ... 90
6 a. m 76 1 p. m 92
7 a. m 79
Little hope for relief from the hot
wave was held out to Indianapolis
today by the weather man.
The high temperatures which
struck the city and the rest of In
diana Wednesday and caused one
death in the State, probably will
continue at least until Saturday
morning, J. H. Armington, United
States Weathe- Bureau head, said.
Temperatures today were about
the same as Wednesday, when a
high mark for the season, 94 de
grees, was reached at 4:30 p. m.
Two Are Prostrated
Three heat prostrations here were
reported to police.
Martin O’Maley of Greeenfield,
Ind., was overcome in front of 19 E.
Washington St. He was revived and
taken to the Murat Shrine Temple,
of which he is a member.
Private Paul Edwards, 18, of 320 S.
Noble St., Indiana National Guard
member, was overcome in the tent
in which he was on recruiting duty
in front of the State Armory, 711 N.
Pennsylvania St.
The heat made him slightly ill on
Wednesday, officers said. He was
taken home.
Lector Lightfoot, 39, Negro, 820
Economy St. ,was overcome while
helping move a house at Eleventh
St. and Broadway. He was revived
and taken home.
The weather bureau tnermometer
showed a temperature of 87 at
9 a. m., 4 degrees higher than at
the same hour Wednesday, and at
1 p. m. it was 92, one degree high
er then Wednesday.
Night Is Scorching
The temperatures during the night
were 4 to 6 degrees higher than
Tuesday night and the slow mov
ing winds from the southeast which
brought the heat wave gave little
relief.
The State and city’s only hope for
an escape from the excessive
warmth would be a local thunder
storm, Armington said. But there
even isn’t much chance of that and
if one did come it would cool things
off only temporarily, he said.
Wednesday’s high mark, 94, was
the hottest here since July 21, last
year, when the mercury reached 96.
Record in 1913
The hottest June 29 and June 30
when temperatures of 96 and 37
In the city’s history were In 1913,
were recorded.
Municipal and private bathing
beaches and pools were crowded
with thousands seeking comfort,
Wednesday. Motorists jammed the
boulevards and roads to and around
the city.
Soda fountains, ice cream parlors
and soft drink stands did a rushing
business.
Manufacturers estimated the con
sumption of ice cream increased 25
per cent Plain ice also was in
great demand.
Heat Hastens Death
Mrs. Clarence Chandler, 58, died
at Peru while engaged in work at
her home. Heat is believed to have
caused an attack of heart disease.
Mrs. C. F. -Thomas 812 E. Thirty-
Fourth Si., Indianapolis, is a
daughter of Mrs. Chandler.
Damage of S7OO was caused at
South Bend Wednesday when a
temperature of 97 set off fireworks
displayed in a drug store window.
Lafayette experienced the hottest
1927 day thus far—9l. Farmers in
the vicinity were rejoicing, as the
heat aided in ripening wheat and
growth of corn, planting of which
was about three weeks late. Ander
son reported a temperature of 91,
Vincennes 96, and Evansville 94.
gations and fireworks, his birthday
may not be very quiet.
The day following the celebration,
Mr. Coolidge is going to' Belle
Fourche, sixty miles from here, for
one of the biggest western roundups.
Cowpunchers have entered contests
for bulldogging steers, roping and
riding events.
Mr. Coolidge again came into his
office to work this morning for the
fifth successive day at his desk. He
Byrd Nearing Goal ,
Battling His Way
Through Sea Fogs
Flier Makes Exceptional Time He Speeds
Toward Paris, Past Coasts of British
Isles; Slim,Trail of Information Comes
From Giant Plane’s Radio Equipment
r By United Press
Guided by wireless, Commander Richard Byrd in the mono
plane America felt his way through fog toward the coast of
France today, unsighted from land. He left a will o’ the wisp
radio trial that showed he and his crew were safe, but left thefr
position in doubt.
For the most part the location of the plane was a mystery,
although ships at sea and French radio stations frequently
caught messages and Signals which apparently came from the
America.
Ships calculating the America’s position from the automatic
signals broadcast by the plane believed it had turned south of
its expected course in response to British weather bureau warn
ings.
A message received by the naval wireless station at Cher
bourg, France, and purporting to come from Byrd, gave his
position at 12:39 E. D. T. as 36 miles from Plymouth, England,
right above the southern coast of England.
At 7 a. ra. E. D. TANARUS., however,
Byrd had reported his position
!as 620 miles from the Irish
coast. The Plymouth position
would indicate that he had
made more than 800 miles in
5 hours and 39 minutes, re
markable speed even for the
America’s three motors.
Byrd apparently was flying consid
erably behind the schedule main
tained by Charles Lindbergh on his
flight to Paris. Lindberg, starting
from New York at 7:51 a. m., two
hours and twenty-seven minutes
later than Byrd left, reached Cher
bourg, France, at 3:20 p. m., E. D. T
Even allowing for Byrd’s slightly
flatter and longer course across the
ocean, he should have reached Cher
bourg by 2 o’clock or earlier, had
he held to as speeedy a schedule.
Their path had been beset by
weather difficulties almost from the
time they left Roosevelt Field at
5:24:03 a. m. yesterday, and since
4 p. m. they had been completely
isolated, so far as vision went, by a
heavy fog that hid land and sea and
at times was so dense the fliers
could not see the tips of the Amer
ica’s wings.
Only their radio, which kept up
a constant stream of automatic sig
nals and messages, some of which
were picked up by ships at sea,
while others went unheard, kept
them in touch with the world.
The fog and occasional squalls
combined to make a trying hazard,
but apparently an ineffective one.
All was going well on board and
wireless messages to the plane from
ships were proving a great help, the
message said.
Byrd gave no report on his gaso
line supply. Whether headwinds
which occasionally had troubled the
plane had reduced the fuel enough
to make the ship’s success in reach
ing Paris doubtful could only be
guessed.
Flying Conditions Difficult
From the time of his takeoff at
Roosevelt field at 5:24:03 m. yes
terday, Byrd had met difficult fly
ing conditions, trying to men and
motors, but ideal from the stand
point of scientific tests, the basic
purpose of the venture.
For the last third of his journey.
Byrd seemed likely to meet equally
trying conditions, unless he was
able to veer southward from his in
tended course and strike for the
Brittany coast, instead of flying
across the English channel.
Bad weather on the channel was
forecast by the British air ministry
in a message broadcast to Byrd at
10 a. m. (5 a. m. E. D. TANARUS.). Whether
PARIS PREPAE
h PARIS, P June 30.—Herbert Ad
ams Gibbons, personal representa
tive of Rodman Wanamaker, backer
of the Byrd flight, received today
an appeal from a French girl to bo
permitted to return with the Amer
ica If it was flown back.
“My name is Janine,” she said. I
am 16. I want to be tbe first dem
oiselle to fly the Atlantic.
“I am of a Breton coast family of
sailors and fishermen. We have the
spirit of adventure. Please let me.”
Gibbons promised to convey her
message to Byrd.
Herbert Adams Gibbons, Rodman
Wanamaker’s spokesman, had an
nounced that Byrd would remain In
Paris for a week, and during that
does not seem to mind the 64-mile
drive from home to work daily, and
likes to clean up his mail every day.
John*J. Fitzgerald, veteran secret
service man today assumed his new
duties, replacing James Haley, as
guardian of Mrs. Coolidge. Haley
has been promoted to Washington.
Fitzgerald is one of the veterans of
the force, having been in the White
House detail guardLig presidents
and members of their far llies for
fourteen years.
Entered as Second-Class Matter
at Postoffice, Indianapolis
ARMY MEN ASK
TO FLY BACK
Officials Frown, but Pacific
Aviators Press Plea.
B HONOLULU. June 30.—Lieuten
ants Lester J. Maitland and Albert
F. Hegenberger, first aviators to
cross the Pacific, were ready today
to press their requests for permis
sion to make a flight to the main
land as soon as their planes can be
inspected and reconditioned.
The youthful officers who dared
the elements for the “Army's honor”
planned to discuss the proposal fur
ther today with General Lewis,
commonder of the Hawaiian divi
sion of the United States Army.
This was the foremost topic of
conversation while they spent a few
hours last night chatting with Army
officers and friends at the Royal
Hawaiian hotel after a morning and
afternoon of sleep.
Officials Are Firm
By United Press
WASHINGTON, June 30.—War
department officials today adhered
to their yesterday decision against
a return hop from Hawaii to the
Pacific coast for the Maitland-
Hegenberger plane, ‘Bird of Para
dise.”
The decision yesterday was In re
sponse to a request from Gen.
Mason Patrick, air corps chief, now
at San Francisco, for permission for
the return flight.
The United Press was told the de
cision still stands.
the commander received the warn
ing was not known.
The constant stream of automatic
dots and dashes, spelling WTW,
which the America sends out when
it is not broadcasting messages, was
heard by two ships off the Irish
coast in the early morning hours.
At 8:20 a. m., Greenwich mean
time (4:20 E. D. TANARUS.), the S. S. Ber
lin at 48.15 north latitude and 25.15
west longitude heard the WTW
signal, It reported by wireless to
Devizes radio station, England.
At 8:30 a. m., G. W. T. (4:30 E.
D. TANARUS.), the 8. S. Hamburg, 49.16
north latitude, 14.39 west longitude,
heard the signals. It wirelessed the
Valencia, Ireland, radio station.
The Hamburg’s position was esti
mated to be 275 miles southwest of
the Irish coast. The Berlin was
some 600 miles west.
ES RECEPTION
time would decide whether to fly
back. .
Gibbons, Commander William S.
Bainbridge, United States naval
reserve, and Capt. Richard D.
White, naval attache at the Ameri
can embassy, were ready to go to
Le Bourget to receive Byrd on be
half of the United States.
Commander Bainbridge, a noted
surgeon, was prepared to give any
medical aid the crew might need.
Plans were completed for official
receptions by the French govern
ment, the Paris chapter of the
American Aeronautical Association,
and the French Air Club.
From Le Bourget, the fliers were
to be driven in automobiles to their
Paris residence, the Continental
Hotel.
The suite reserved for them was
occupied for years by the late Ex-
Empress Eugenie. She use to look
for hours a day from its windows
Into the gardene of the Tuileries
palace, where she once lived as
empress.
Optometrista Organise
By Times Soerial
PERU, Ind., June 30.—Optome
trists of the eleventh district have
organized with these officers: Dr.
G. S. Grubb, Marlon, president; Dr.
S. W. Fouta, Peru, secretary
treasure*
HOME
Outilde Marlon
County 8 .qu
TWO CENTS
RULING DEALS
DEATH BLOW
TO SNOOPERS
Supreme Court Holds That
Search Warrant Based
on 'Belief’ Is Invalid.
CRUSHER TO DRY ARMY,
Case Appealed From Henry
Circuit Tribunal Must
Be Tried Over.
Super-snoopers engaged In en
forcement of Indiana's drastic liquor
laws were delivered a death blow to
day by the Supreme Court.
In a majority opinion, written
by Chief Justice Julius C. Travis, it
was held that search warrants in
liquor cases Issued on affidavit based
only on belief, are not valid.
This means that ail evidence ob
tained under such search warrants
must be ruled out of court.
The particular case was that of
James Wallace against the State and
was appealed from the Henry Cir
cuit Court. Appeal was based on
illegality of the warrant and de
nial of a motion to quash all e\.-
dence.
Case Must Be Retried
The warrant had been issued by
a justice of peace upon affidavit of
a man who declared that he had
passed Wallace's house and smelled
liquor. A raid revealed a still, but
the case must be retried and all
evidence obtained by use of the
search warrant quashed, the Su-J
preme Court ruled. 1
Warrants based only on belief arjfl
without probable cause, the coufl
held. The decision also points ol
that magistrates should exercifl
“judicial powers’’ in the issuing cfl
search warrants and not merely acß
in a ministerial capacity. |
Quoting from Justice Bradley oil
the Federal Supreme Court thP
opinion continues: s
Safeguard Innocent K
“The magistrate ought to ha V
before him the oath of the rear
accuser, not trust to Judgment of
others. It is possible that by exer
cising this degree of caution some
guilty persons may escape public
prosecution, but it is better that
some guilty ones escape than that
many innocent persons be subjected
to the expense and disgrace attend
ant upon being arrested o na crim
inal charge.”
Judges approving the decision
were Travis, David A. Myere and
Benjamin M. Willoughby. .
A dissenting opinion was written
by Judge Willard B. Gemmlll and
concurred in by Judge Clarence R.
Martin. It held that liquor cases
were different from other searches,
in that the burden of proof regard
ing the warrant's legality rested on
the State and that heretofore the
courts had ruled exactly opposite
from the present majority opin
ion.
Called Legislative Matter
"This is a matter for legislation
and not court decision," the dis
senters said.
While the decision will have a
State-wide effect, it will make little
difference in Marion County, in the
opinion of Assistant Prosecutor
John NiblaCk.
“Judge James A. Collins of the
Marion Criminal Court long ago
ruled the belief is not probable
cause for search warrants.”
declared. “Validity of the
always Is gone Into before thtuMßJ
denoe Is admitted In court. jPiPB
"Judge Fred McAllister of
ipal court two will accept nc3a*Wi
rants issued under the
•bone-dry’ law, holding
warrants are
law s&ys they ‘shall’ be Issued by
any mayor, justice of peace or other
magistrate. McAllister holds that
this is taking judicial powers away
from the one issuing the warrant.”
Secretary E. S. Shumaker of the
Indiana Anti-Saloon League refused
to comment on the decision. His
comments on the court in an an
nnual report caused him to be
cited for contempt by Attorney
General Arthur L. Gilliom and the
case still is pending.
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