The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-05-22
MILK BOARD IS
UNDER ATTACK
IN PRICE WAR
Ignores Charges of Illegal
Actions Hurled by
Attorney.
HEARING IS CONTINUED
Studies Calling Emergency
as Solution to Fl. Wayne
Troubles.

Needless OF charges that 1t is
meeting illegally. the state milk con-
trol board continued 10 deliberate
this afternoon on whether an emer-
EenCy exists IN the Fl Wayne milk
shed and whether IL should issue a
temporary restraining order fixing
the price Of milk.
Yesterday the board dissolved a
previously issued temporary order
fixing prices. against which .he
Kroger Grocery and Baking Co. OBJ
tanned a Federal Court injunction.
When the board met yesterday
and announced It was celebrating
on whether an emergency exists
nov. Robert s. Marx. Cincinnati.
Kroger counsel. disputed the legal
ity of the meeting On the ground
the complaint was filed only yes
terday whereas the law requires 10
oays notice after filing before
hearing.
COOPERATIVE Officials Heard
Nevertheless. the board today
heard testimony from Byron Yohe.
vice president of the Wayne Co.
Operative Mix Producers. and Louis
J Houk. its manager and secretary.
who said they represented 81 per
cent of all producers in the area.
They said that cut throat compe-
tition in the area had resulted in
milk being Scld for as low as 7 cents
quart. The previously issued. but
dissolved, order fixed the quart price
at 10 cents.
Mr.. Yohe testified that he consid-
ered a lucent difference in price
between delivered milk and over
the-counter milk a factor in the
milk war He SAID he considered
delivery as necessary to the promo
ton OF the milk industry.
The board adjourned with no
action and was TO hear more testi-
mony later in the day.
The Kroger Company objects to
remOvoing the differenual of l cent,
Mr. Marx said yesterday.
Discrimination Is Charged
If poor people want to save
cent on milk by walking to the
store and paying cash. they should
be able to do so" he declared.
The objection TO board procedure
was Overruled by Dick Heller. sec
rotary TO Lieut.. Gov. NJ. Clifford
Townsend. who was acting chair
man IT. the absence of Mr.. Town
send
Mr. Marx then charged that
while the hearing was originally
set for 10 in the morning. it act
uallv did not start until nearly $3.50
In the interim. he said. the board
had been closeted with attorneys
for the compliments. while he was
refused admission and was unable
to discover when the hearing would
start or what the subject would be.
He further pointed out that Fed
ersl Judge Thomas Slick had grant,
cd an injunction prohibiting the
board from further consideration OF
an emergency order issued on
April %
Of retaliation against the Federal
injunction. the Federal courts are
we'll able % take care of them
selves" Mr.. Marx warned.
Mr.. Heller overruled the oblec-
lions and ordered the hearing 10
proceed. Al this point Mr. Marx
asked that the StenOgraphic record
show that his company was with
drawing
Calls Action High Handed
Interviewed afterward Mr. Marx
said the procedure was a high
handed scheme to boost the price
Of milk"
The original emergency order
raised the retail price from seven
cents TO ten cents a quart retail
but II didn't provide one cent more
for the farmer who produced the
milk. Mr.. Marx said
1T would cost the people in the
Fl. WAYNE area nearly $500 600
more a year. Ny company will
continue the fight for a fair price to
the farmer and the consumer. "
the Krorer attorney declared