The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1926-02-26
Judge Hears Beech Grove
Firms PIea-Fourteen
Arrested.

A petition for a temporary order
restraining the Beech Grove town
board from enforcing an ordinance
regulating busses within the town
limits was filed in Circuit Court to-
day by T. Ernest Maholm. South
Side Motor Coach Company attor-
ney.
Judge Harry o. Chamberlin was to
hear the petition this afternoon.
Maholm asked the board be re-
strained from making further arrests
until a complaint pending in the
court against Frank Stuck, Gilbert
Mcfarland and Matthew Rutledge.
coach company officers, for alleged
violations Of the town ordinance is
determined.
Continue Arrests
In the meantime Ope Craig, town
marshal, and deputies are continu-
ing to arrest and rearrest the COM
pany's officers, drivers and pas
sengers. Eleven arrests were made
Thursday night aAd three early this
morning.
Those arrested were: Stuck, South
Side Motor Coach Company presi-
dent; Rutledge, assistant manager;
Mcfarland, secretary-treasurer HUI
bert RAIDER, Beech Grove. pas
senger; Frank Miller, William Nc
Intyre. Roy Clayton, Lawrence Man
ship, William Hert, Guy Rutledge
and Clarence Poole, drivers. Miller.
Manship and Clayton were rear
rested this morning. Bonds of SIS
each were provided by Maholm.
Locked In Town Hall
Miller, Manship and Rutledge were
locked in the town hall and kept un-
til a patrol wagon from Indianapolis
arrived. They were taken to the
Marion County Jail. Those arrested
Thursday night also were removed
to the jail.
Admlttance to the fail Thursday
night was refused at first because
Of faulty commitments. Three busses
were left in the street when drivers
were arrested this morning.
Maholm said If he is refused re-
straining order he will seek writ
Of certiorari from the State Su-
preme Court to compel Circuit Court
to act at once on the petition.
This is an acute situation and a
remedy must be applied at once"
said Maholm. He will seek to get
control Of the company's busses held
on Main st. by the town authori-
ties. The busses are in danger Of
being damaged by children, he said.
Mcfarland said those arrested
were not permitted to use the tele-
phone to notify their families.
All of the arrests were made on
Main ST., one Of the principle Beech
Grove streets where buses are pro-
nihited from operating. Only one
bus was in operation this morning.
according to company officers.
Case Appealed
Charges against the bus officers in
Circuit Court are appeals from the
court Of Justice Of Peace Walter 8.
Glass, where each defendant was
fined SO for violations of the ordi-
nance. A demurrer was filed by
Maholm.
In his petition Maholm contended
the ordinance is unconstitutional
and void and in direct conflict OF the
court and contractural rights.
The fight between the town board
and bus people has extended over
several months. The recent out
break followed a ruling made Thurs
day by Judge Sidney S. Miller Of
Superior Court Three when he sus-
ta1ned a demurrer of the town board
to a complaint for an injunction filed
by the coach company. Judge NIL
Ter ruled the board had a right to
pass an ordinance regulating the
frat fin within tha town limits