The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-06-30
INDIANA FAIR
ROW GOES TO
U. s. COURT
Board Seeks to Enjoin
Governor McNutt From
Selling Control.
MAY CALL OFF SHOW
Report Executive Planning
EdiCt Against Holding
Exposition in Fall.
MAY CALL OFF SHOW

Federal court suit to enioin Gov
ernor Paul V. McNutt from enforc-
ing provisions of the new admins
tration reorganization measure hy
taking away from the state board
OF agriculture control over the staYe
fair was filed today by the board.
The suit was the latest develop
ment in the battle between McNutt
and the board, in which the Gov
ernor twice has been defeated. re-
sulting in reports he is considering
calling off the fair this year as 8
punishment for the board.
The second defeat Tor the Gov
ernor came when the board. by q
vote of Z to 4. refused to recognize
McNutts two new appointees to the
board.
The suit charges that the new
law is unconstitutional in that its
provisions call for abrogating state
contracts.
Board Formed in 1921
The state board was formed ir
1921, and two years later, under a
trust agreement, took over from a
private corporation, for the state
the Playground. The trust agree
ment, the suit states, makes definite
provision for terms and appoint
ment of board members, and fol-
their powers.
The new setup, it is charged
would make the members merely a
non-executive board in an advisory
capacity to the new division of
agriculture.
1t Is alleged that the Governor
already has taken steps to enforce
the new law by attempting to in
terfere with the board personnel.
Politics Is Charged
The board charges that the Gov
ernor is attempting TO substitute a
shifting, unframed political agency
for the continuous, experienced and
nonpolitical agency represented by
the board, and that the admins
tration measure attempts to take
property, left in trust, into absolute
ownership without notice or con-
sent.
Besides MCNutt, defendants named
in the suit are Lieutenant Cover
nor M Clifford Townsend. Perry
Mozart, william Faust and Verne
Harvey.
Townsend, McNutt's commissioner
of agriculture, has assumed the role
of pacif1er and predicted today that
the fair will be bigger and better
than ever
He was principal speaker at the
annual fair booster meeting of the
board at the English theater Thurs
day night. Governor McNutt did
not attend.
Governor Is Defied
Having been the only body to de-
feat the McNutt legislative pro-
gram, board of agriculture mem
bers did not hesitate to defy the
Governor when he attempted tc
displace two of the old members
Thursday
They adopted resolution re-
fusing to recognize the new ap-
pointees and putting the two board
members scheduled for displace-
ment on a committee to employ
counsel and fight the case in the
courts.
They did put the Governors ap.
pointee, j. D Hull. on the pay roll
as assistant to Secretary E. j. Bar
ker, who will be retired Jan. l. They
voted him $3.50 monthly salary
He had been drawing 5000 from the
Governors emergency fund.
Officers to BE Moved
They also acceded + the McNutt
order to move to the fairgrounds
but asked re-establiShment of the
board in statehouse offices after fair
week. Sept. 2-8.
Barker still retains his own
stenographic staff. despite attempt
of Pleas Greenlee, McNutt secretary
to change the personnel.
The McNutt board appointees
George Stolte, FIT. Wayne, and Will
liam H. Settle, Petroleum, remained
throughout the Thursday meeting
They were to displace Oren E. Eel
ton, Paramount, and Richard D.
Canaan, West Lafayette.
Dean j. H. Skinner of Purdue
university refused to vote on the
question. Senator John Bright
Webb, Democrat reappointed by Nc
Mutt, was absent at the time of the
voting.
How They Line Up
Those against the Governor were
c. H. Taylor, Boonville; Guy Can't
well, Gosport; F. j. Claypool, Mum
Gle; c. Y. Foster, Carmel, author Of
the resolution; U: c. Brouse, Ken
dallville; Levi p Moore, Rochester
and FELTON,. Canaan was absent.
Those with the Governor were
President Russell F. East, Rich
mond; o. L. Reddish, Waveland;
Thomas w. Grant, Lowell, and Ev-
erett S. Priddy, Warren.
Priddy is Democratic member
NJ the house