The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-09-06
EAGLES CHIEFS
LAWYERS MOVE
TO QUASH CASE
Argument Is Adjourned in
Herring Mann Hearing
by Government.
BV United Pres

BV United Press
NEW YORK, Sept. 6.-Albert Of
finger and Arlen G. Swigger. coun-
sci for Conrad H. Mann of Kansas
City, and Frank E. Herring of South
Bend, Ind, high executives of the
Fraternal Order of Eagles, moved
today before Federal Judge Patter-
son to quash the indictment against
them charging violation Of the anti
lottery law.
At the request Of the government,
argument was adjourned to Mon
day.
The defense, in its move to quash
the first count Of the indictment,
which alleges the defendants par
ticipated in the operation of lot
terry, held:
That the count charges no Of
Tense against the federal laws.
That the count fails to name the
person or persons alleged ito have
been caused to receive" the pur-
ported tickets, chances and inter
ests in the so-called lottery.
That the count does not apprise
the defendants Of the facts consti-
tuting the oHense they are charged
with committing.
Hold Statute Illegal
That it charges an offense against
a statute which the defense holds
to be unconstitutional
That the allegations of the count
are so vague that after judgment
in The present case the defendants
would not be protected against a
subsequent prosecution.
AS to the second or conspiracy
count, the motion TO quash charges
that 1t fails to set forth the his
torical details" Of the alleged con-
spiracy clearly and definitely, or to
assign to the defendants and their
respective parts in it.
From a legal standpoint" the
attorneys said in a statement, "the
indictment is of a highly technical
nature, involving as it does certain
phases Of a complex and moot fed
eral lottery law, and in no sense
carrying any implication or sus-
picion of moral turpitude"
Herring Career Reviewed
Career of Herring and his cOntri-
button to public welfare through
having the Eagles espouse the old
age pension movement is reviewed.
He is described as scholar, editor
lecturer and philanthropist.
Regarding Mann, president of the
Kansas City MO- Chamber of
Commerce, the statement quotes an
editorial from The Star of that city,
characterizing him as Kansas
City's most valuable citizen"
Credit for increasing the men,
bership Of the Eagles from 100000 to
approximately 100000 is given the
pair.
Due to the depression in business,
it is declared, the order faced a
grave situation two years ago in eff
forts to keep its finances at a point
where it could continue payment of
sick and death benefits to members.
llChtL ldn fAuOplCu
Mann accepted the offer of pro-
motion concern which had raised
money for other organizations, and
in 1880, the ticket selling plan, the
basis for the indictment. was be-
gun, ending in June, 1882, when
$4,000 was distributed.
During the campaign merchan-
disc said to have a retail value of
millions of dollars, also was dis
tributed.
Mann's credit was used to under
write the campaign. AS recon-
pense, a contract was signed where
by he would receive so per cent Of
any profits
Both accused men, it is asserted,
"made every possible inquiry into
the legality and propriety of the
proposals"
And, finally" the statement
concludes, IAN analysis of their as
ISOLATION with an enterprise which
they believed not only legal, but of
extreme benefit to the order they so
faithfully have served, definitely
convinces us that on its merits
alone any government action
against them WILL as it should, COM
pletely fall