The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-07-03
ERROR ALSO TO
BLAME, CIRCUIT
COURT is TOLD
Ruling Is Withheld on
Measure; Probe to
Continue.
CONFUSION is RECALLED
Attorneys Are Advised to
File Briefs by Cham
berlin.
CONFUSION is RECALLED

Testimony and court records in
dicating fraud and mistake in the
passage of House Bill were taken
under advisement today by Circuit
Judge Harry o. Chamberlin.
Judge Chamberlin advised attor-
ney's to file briefs in the case upon
conclusion Of a hearing in circuit
court Thursday on petition to en-
join the secretary of state from pub
fishing the act, regulating bus trans
portation.
A temporary restraining order
against publication will remain in
effect until September when further
arguments in the case will be heard.
Bolster Fraud Charges
Testimony was introduced Thurs
day to bolster charges that fraud
had been perpetrated upon the
Speaker Of the Indiana house Of
representatives and the president OF
the senate by delivery of an unau-
thorized messasge, concerning House
Bill 6, between the two legislative
bodies.
Attorneys for the cities of Mum
Gle and Indianapolis, fighting to
kill the bill which strips munich
palities of their control of bus
transportation, questioned leaders
Of the legislature regarding the pas
sage of the bus bill.
qualification Of The I4II &c
author, William Conner, that the
enrolled bill contained all amend
mentS" was pointed out by plaintiff
attorneys as another element of
fraud in the case.
Records Referred To
House records revealed the house
of representatives never concurred
in senate amendments to the bill.
These amendments stripped cities of
their power to regulate BUSES and
trucks.
Further testimony by Lieutenant
Governor Edgar D. Bush, president
Of the senate, that "a conference
committee member reported to him
that the house had concurred' was
read into the court record.
Statements by Dick Heller, clerk
Of the house Of representatives, that
ne had not read message in the
senate stating "the house had con-
Cured in amendments" confiicted
with testimony of other important
witnesses.
Weiss Is on Stand
Representative Jacob Weiss told
the court that Heller delayed TAX
ing a message to the Governor de-
handing the bill be returned to the
house for correction"
Il had conversation with Heller
after a motion to recall the bill had
passed, and Heller told me that he
thought there was no use going to
the Governors Office for the bill be-
cause it already had been signed"
Weiss declared.
Judge Chamberlin told attorneys
the case would be continued until
fall, since there was no real emer-
gency for deciding it at present.
Prosecutor Herbert E. Wilson pre-
pareds to continue grand jury in
vestigation of fraud surrounding
the bills passage after he had
listened to the testimony in circuit
court. The retiring grand jury
Thursday recommended its investi-
CATION be continued.
Confusion Is Recalled
Other witnesses Thursday in
Guided Representative Gerritt Bates,
Marion county; Herbert M. Spencer,
assistant city attorney; Representa-
tive Russell j. Dean and State SEN
atorS John L. Niblack and Winfield
Miller.
During Heller's delay in delivering
the message of recall to the Cover
nor. witnesses testified he conferred
with Harvey Harmon, former men,
Der Of the public service commission,
who was acting as parliamentarian
On croSS-eXaminatiJn, Heller tes-
titled: st asked Harmon if he
thought the bill could be returned
after the Governor had signed it,"
When Heller went to Governor
Harry c.. Leslie, with the request,
Leslie told him to return to the
house and see if the recall motion
would not be withdrawn, testimony
at the hearing disclosed.
This happened on the last night
of legislature amid confusion and
disturbance, the court was told.