The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-06-03
BLOW AT JONES
LAW is IGNORED
| BY HIGH COURT
Appeal Hitting Validity Is
Rejected at Close of
! Decision Session.
BB United Prcss


BB United Press
WASHINGTON June 3.-The
United States supreme court re-
jected an appeal attacking validity
of the Jones five and ten" prohi-
bition law, involving also the
reasonableness Of giving man two
years at hard labor for selling two
drinks, in its closing session Mon
day.
The government contended in the
case that the question of the laws
constitutionality, precidated on the
charge that the law delegates legis-
lative powers to the courts, was not
properly raised. The fourth circuit
court Of appeals, of which Judge John
j. Parker is a member, upheld the
conviction as justified under the
evidence and held the law con-
stitutional
The supreme courts rejection of
the appeal may mean either that
constitutional questions we're not
raised properly or that the
questions raised we're not of suffi-
cient substance to merit review.
Win in Booze Case
Other decisions we're:
Granting of review to the Go-Bartels
Importing Company. charged with big
time bootlegging. in it's hitherto unsue-
cessfui suit to compel the government to
return lists Of customers and ledgers OF
alleged liquor sale accounts.
Members of the f1rm charged that the
search was made without a warrant and
therefore. the evidence" obtained should
be suppressed.
Overriding of an interstate commerce
order. now in effect. reducing materially
the freight rates on shipments OF wine
grapes and other deciduous fruits from
California to eastern points.
UNFOLDING the right Of New Orleans to
compel the New Orleans Public Service
Company to demolsh railroad yiaduct.
Decision to consider an appeal by the
Canadian-oVned Northport Power and
Light Company in its suit to snioin Cover
nor Hartley of Washington. from cancel
ing its transmission line easements and
franchises in that state under the alien
land Law.
Can Tax Shoals Plant
Granting to the state of Alabama re-
view Of the United States court of claims
decision which held the state could not
tax the federal government for power gen.
Grated at the government plant at Muscle
Shoals and sold to the Alabama Power
Company.
UNFOLDING the right OF the Brinkerhoh-
FariS Trust and Savings Company Of Mis-
souri,. to bring an injunction suit to pre-
vent state officials from taxing its stock at
sessed at only IS per cent or less.
Deniel of review to L. N. Frantz. former
president of the American Bank and Trust
Company. Huntington. W Va. sentenced
TO state prison for ten years for embezzIe-
msnt. The appeal charged overdraft of
the presidents personal account does not
constitute embezzlement.
Denial Of review to the Walter E. Heller
Company. Chicago. charging illegal confis-
cation under the tariff laws. The case in
volved seizure of a car at Detroit Of
car bought on installments by an alleged
bootlegger. The question whether the
finance company had a right to a court
mandamus for recovery after the treasury
department decided insufficient diligence
was used in Investigating the customer.
Sentence Is Upheld
Unfolding OF sentence to Jake Lelnin-
bach. Esston. Pa. to eight months in jail
for interference with federal dry agent
in the seizure of an alleged beer truck.
Leininbach contended the law against in
reference refers not TO prohibition officers
but only to internal revenue agents and
that failure to have search warrant in
validated search OF the truck.
Denial Of review to August Alksne.
master of the coastwise Baltimore steamer
Cretan. who charged Illegal seizure of his
vessel with s2.6s5 gallons OF alcohol aboard
The captain contended that seizure under
the law when a coastwise craft is 'em-
ploved in any trade other than that for
which it is licensed. was improper and
that only the volstead act seizure provision
was applicable.
Denial Of review to two life insurance
companies on award of $4,000 by federal
courts to Lenora Howe. Erie. Pa. on two
policies on the life OF her husband who
disappeared.
Body Badly Burned
The next day his auto was found con-
tanning a body so badly burned as to make
Identification impossible. The Fidelity and
Casualty Insurance Company and the Ma
tional Life Association opposed the award
on the ground the trial Judge should not
have admitted evidence of Howe's previous
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