The Cincinnati Enquirer from Cincinnati, Ohio • 9

THE ENQUIRER, CINCINNATI, THURSDAY, DECEMBER 31, 1931 MAYOR MAKING BID MIAMI PROFESSOR VICTIM City Manager SPEAK UP ACCURACY EDUCATION a News Of The Courts i i jitter flf leged improvements in loud speakers for radios, and enjoining the Kodel Electric Manufacturing Company, Cincinnati, from further infringement of this patent. Other decisions announced were: 5892. Sarah E. Heimberger, vs. W.

T. Joseph, as Trustee of H. J. Heimberger, bankrupt. Order of United States District Court at Columbus, Ohio, disallowing claims asserted by Mrs.

Heimberger against her husband's bankrupt estate, reversed and the case is remanded for For Popularity, Commissioners Say And Defeat Budget Move. STEruI, BISriTCH TO THE EXQL'IEEK. Dayton, Ohio, December 30 Accusing Mayor Allen C. McDonald of having made a play for popularity at the expense of other members, the City Commission today voted down certain administration ordinances, Harry Ballman and Karl Kroemer, retiring Commissioners, voting with Commissioners David Stanze and George Bish, who protested against the executive's budgetary plan, submitted without conference. Other members of the commission conferred last night and Mayor McDonald telephoned his inability to attend.

This morning he presented a budget that was $76,422 less than that submitted by Fred O. Eichel-berger, City Manager, who had ripped many departments to pieces in the effort to make up a deficit of $600,000 during the coming year. McDonald recommended the Service Department be changed to "Maintenance Department" and that the Safety and Welfare Departments be combined. He asked that a "public service director" be placed in charge cf police, fire, alarms and signals, welfare, recreation, health and correction divisions. TAX FUNDS Go To Public Library, Attorney-General Rules Cincinnati Institution To Benefit By Interpretation Of Statutes.

rSCMti DlSTATCH TO this inquirer. Columbus, Ohio, December 30 Public libraries in all parts of Ohio are to receive additional tax funds during 1932 and 1933 by virtue of a ruling of Attorney-General Gilbert Bettman in an opinion to the Bureau of Inspection and Supervision of Public Offices. The question raised by the bureau was whether the language of the statute enacted by the last Legislature Includes all Board of Public libraries or only Boards of Education librairies. Bettman held that all libraries are included. "The language used in the statute must be construed as including all types of public libraries which have a right under the statutes to support from taxation," the Attorney Gen eral's opinion said: "By the enactment of a constitutional amendment taking certain items of intangible property and automobiles off the general duplicate and putting of school district library bonds within the 1.5 per cent limitation, that library was deprived of part of its tax.

All remaining libraries were deprived of approximately 10 per cent of tax income so that by the enactment of the intangible tax law and the motor ve hicle license tax, during the year 1932 and 1933, the Legislature provides a temporary distribution of the in tangible tax and motor vehicle tax proceeds and provides for their distribution among all taxing bodies which suffered loss." The bureau was led to ask the question by inquiries from Cincin nati. It was said that the Cincinnati Library especially Is to benefit. IMIer County News ANSWER DIVORCE SUIT. trECIAI. HSriTCH TO thb enquirer.

Hamilton, Ohio, December 30 An swering a divorce suit by James Himelhan, of near Trenton, Mrs. Gladys Himelhan, now in Cincinnati, said conditions on their farm had been unbearable. The roof leaked in their home, their well was dry, and they hauled water that probably caused their son to have typhoid fever, the answer states, in a cross petition, she asks for alimony and custody of their seven-year-old son. PASTORS' MEETING ENDED. Canton, Ohio, December 30 (AP) Concluding their three-day session with an addrocs by Rev.

J. W. Ly-klns, Hamilton, ministers today ad journed the annual convention of the Ohio Ministerial Assembly of th'j Church of God. The 1932 assembly will be conducted in Piqua the last week in December, and plans have been made for a quarterly session in Columbus, March 28 and 29. TO DISCUSS ROAD PLAN.

SI'El'Mt, DIMMTOH TO THE rNQMRHt. Hamilton, Ohio, December 30 Wil liam B. Wick, Frank K. Vaughn and W. R.

Sneed, representing the Ham ilton Chamber of Commerce, will meet with city Councilmen Monday night to discuss the proposed relocation of U. S. Highway 127 on North Third Street. SUSPENSION IS UPHELD. STEOIAI, DISPATCH TO THE ENQUIRER.

MIddletown, Ohio, December 30 The Civil Servjce Commission upheld the City Commission tonight in its discharge of Patrolman Marvin Byrd from the Police Department. Byrd was charged with the theft of a tire from the property room of the de partment. BOY WINS $500 VERDICT. SPECIAL DISPATCH TO TUB ENQCIKIS. Hamilton, Ohio, December 30 A verdict for $500 was returned by a common pleas, jury today for Leon Ratliff, 8 years old, MIddletown, who sued Sidney Steinharter, Cincinnati, for $25,000.

The boy was struck by Steinharter's automobile near a MIddletown school, September 11, 1928. HEALTH CHIEF RENAMED. SrECIAL DISPATCH TO THE INQUIRES. Hamilton, Ohio, December 30 Dr. C.

J. Baldridge was reelected Health Commissioner of Butler County when the County Health Board held its nnual meeting here today. He will retain present members of the health staff. RIPLEY EDITOR CANDIDATE. Portsmouth, Ohio, December 30 (AP) McKinley Sauer, 35 years old, editor of the Ripley Bee, today announced his candidacy for Con gress from the Sixth Ohio Ditsrlct- Of Heart Attack When Walking-Body Is Found Near Oxford.

SPECIAL DISPATCH TO THE ENQUIRER. Oxford, Ohio, December 30 The body of Kenneth L. Amstutz, assistant professor chemistry at Miami University, was found this afternoon in a wooded ravine just south of Oxford by Edward Mikell, a farmer. The body was fully clothed and bor no marks of violence. Dr.

Edward Cook, Butler County Coronor, gave the cause of death as dilation of the heart. He said Amstutz apparently had been dead for only a few hours. Investigation developed that Amstutz, following his custom, left home at 7 o'clock this morning for a walk. His absence was beginning to cause anxiety when his body was found. Amstutz, 26 years old, was graduated from Miami University in 1928.

He received his Master's degree at the University of Illinois, in 1929, and had been at Miami two years. He was son of Rev. John E. Amstutz, Trenton, and was married. CLOSING ORDER APPROVED By Conservation Council Pheasant Production Plan Favored.

Columbus, Ohio, December 30 (AP) An order closing one-third of Ohio's fishing streams, beginning January 1, was approved by the State Conservation Council at a meeting with W. H. Reinhart, Conservation Commissioner, here today. None of the members raised serious objections to the plan, but they said numerous complaints had come from fishermen in various districts. In approving the order, originally proposed by E.

L. Wickliff, Columbus, members pointed out it could be rescinded at any time should it be found unsatisfactory. Under the plan 40,000 miles of unpolluted streams will be closed next year. An additional third of the streams will be closed January 1, 1933, and another third January 1, 1934. At the end of the spawning season in 1934 the streams closed in 1932 will be reopened for fishing.

The Council also voted to establish a coon ranch near Milan, Erie County, where a site already has been acquired. A plan to produce 25,000 pheasants near Urbana and Wellington received the Council's approval. DO IT NOW, Former Banker Says, And New York Judge Replies 12 To 18 Years In Prison For Looting Of Bank. Blnghamton, N. December 30 (US) "Do it now, please." These four words today sent Aldrew J.

Horvatt, former President of the State Bank of Blnghamton, to prison for from 12 to 18 years. After pleading guilty to six indict ments, charging forgery in conjunc tlon with the failure of the bank last year, Horvatt Ignored legal technical ities with which he might have block ed Immediate sentence and said: "Do it now, please." The Justice accomodated. He sen tenced Horvatt on one of the six in dictmcnts and suspended sentence on the others. Had the former bank President been sentenced on each of the indictments he could have been sent away for life as a fourth of fender under the Baumes law. Part of the evidence against Hor valt was that tie ran a Dank and a luxurious speakeasy in the same building.

The bank failed just before Christ mas, 1930, and it was found that safety deposit boxes and special Yuletlde saving funds as well as the bank's assets had been looted. Horvatt surrendered two days ago in Albany. Depositors lost approx imately $2,500,000 in his bank. When he surrendered Horvatt had $30 in his pockets, which he said was all ne had left. Salt Lake City, December 30 (AP) Louis P.

Johnson, former employee of the Utah State National Bank here, today pleaded guilty in Federal Court to a charge of embezzlement of the bank's funds, and gave an ac count of how he and three other former employees, also on trial, used the bank money in a baseball pool. Total defalcations, he declared, reached $108,000. Johnson said they bet as high as $1,500 daily on baseball games. If they won, the money with drawn was replaced and if they lost the withdrawals were not recorded on the bank's records. OUSTED AGENT KILLS SELF Shortly After White Upholds Action Hints At "Scandal." Cleveland, December 30 (AP) Shortly after charging the existence of "scandals" in the state prohibition department, C.

C. Barton, Sidney, Ohio, deposed state prohibition agent, killed himself In a hotel here today. Barton, formerly was chief of liquor law enforcement in Franklin, Union, Madison, Pickaway, Fairfield, Licking and Delaware Counties. He was dismissed December 18 by E. G.

Mathews, State Prohibition Commis sioner, on a charge of having drunk liquor. The dismissal was upheld today by Governor White, shortly before Carton shot himself. Charges of the "scandals" were contained in a five-page letter, which Barton left as a "farewell message." After the suicide Mathews con ferred with Governor White, and then announced from Columbus the state would not investigate Barton's charges. "They would be only those of a disgruntled employee," he said. Barton made charges against fel low agents at the time of his hearing, but failed to substantiate them, Mathews added.

G.O.P. Candidates Told By Republican Editor, Who Seeks Stand On Issues. Year Is To Be One Of "Debunking," Philbrick Says White Administration Attacked. By Herbert R. Mengert.

Columbus Bureau, 207 Spiihr Building. riCIAL PISrATCK TO THE ENQUIRER. Columbus, Ohio, December 30 Demand was made today upon Republican candidates for Governor, active and prospective, to inform the people of Ohio fully and completely what they intend to do about live issues which are before the people of the Btate. C. C.

Philbrick, Columbus, editor, who publishes a Republican Party organ, The Week, in advance sheets released today calls upon the aspirantsClarence J. Brown, Myers T. Cooper and David S. Ingalls to tell in detail the plans they have in mind. Philbrick hails 1932 as giving promise of being a "political debunking year." Philbrick complains about a "diffidence displayed on the part of the prospective candidates." He reviews Brown and Ingalls, who already have said they wish to be the nominees and adds that politicians still wonder what are to be the plans of former Governor Cooper.

"Doesn't Need Leaders." Concerning Cooper, Philbrick says: "It has been said that he is waiting to find out whether or not he will have the backing of the Hamilton County organization, but some of his friends say that he can get along without that and even go to the rural districts in better shape without its formal indorsement. "The Hamilton County Republican organization has not recently distinguished itself by any startling success at the polls. Still, it is not in its heart supposed to be especially friendly toward the Taft interest in Cincinnati, and the Tafts would naturally be for their kinsman, Mr. Ingalls, of Cleveland." Philbrick also discussed the likelihood Ingalls is to receive the backing of the National Administration of President Hoover, of which Ingalls is a part as Under Secretary of the Navy for Aviation. He says: "Whether that will prove true and, if true, whether it will prove to be an asset or a liability re-nains to be seen.

Past history subscribes to the belief that the intermeddling of na tional administrations with state elections is not helpful. White Regime Rapped. "Mr. Ingalls flew to Columbus to attend a football game and announce his candidacy for Governor on a lib eral platform, whatever that is. He has visited a number of communities in the state since this vague declara tion, but has made no further plat form declarations.

He is understood to have confined subsequent observa- tions to entertaining stories of the Akron dirigible and aviation." The administration of Governor White is attacked and its alleged weakness is given as a reason why the Republicans must prepare for the victory, which Philbrick thinks is in sight. He asserts "the White ad- ministration has been such a dismal, such an unprecedented failure that even members of his administration are hopeless 'of his reelection." It is charged Democrats have been engaged in scheming to get the Gov ernor out of the way for the canvass next year, but Philbrick says there is an "established precedent in favor ot a second term nomination. Ingalls spoke here today to the School Masters' Club. STUDENTS To Pay Tribute To Muskingum President, Who Dies In Zanes-vilie Hospital. New Concord, Ohio, December 30 AP) The body of Dr.

J. Knox Mont gomery, Moderator of the United Presbyterian Church of North America and President of Muskingum Col lege, was brought home today from Zanesville, where he died of uremic poisoning after a long illness. The body will lie In state at Brown Chapel, on the college campus, close to the office where for 27 years he had conducted the business of the college and watched it grow from a small school to one of the leading denominational colleges of the state. Funeral services will be held at 2:30 o'clock Friday afternoon from the chapci. During his ministerial career he served as pastor of churches at Harshaville, Ohio, Sparta, 111., Cincinnati (from 1895-1399) and Chicago and Charlotte, N.

C. In 1914 he was named President of the Ohio Anti-Saloon League and later headed the National Anti-Cigarette Alliance. WOODWARD'S BODY POUND. SPECIAL DISPATCH TO THIS ENQUIRER. Dayton, Ohio, December 30 The body of Robert Woodward, 45 years eld, Alexandersville, who disappeared a month ago, was washed up on the I banks of the Miami River south of I West Carrollton Dam tonight.

Wood-' ward left home in his canoe to at- tend to traps and failed to return, although it was supposed he had 1 been drowned, as his canoe had up- set. Search of the river failed to re-, yeal the body. i DAYTON DEAN APPOINTED. I Appointment of Rev. Charles A.

i Ertel, pastor of Holy Family Church, Dayton, as dean of the Dayton Deanery of the Cincinnati Archdiocese was announced by Archbishop John T. McNlcholas, 6. through the chancery yesterday. Father Ertel succeeds the late Monsignor John Downey, pastor of the same parish, who died recently, Of Treasury Doubted By Democratic House Leader, Who Cites Other Errors. Party Will Make Serious Effort To Balance Nation's Budget In Next Few Years.

Washington, December 30 (AP) Accuracy of the Treasury's estimate of increased revenue requirements was questioned today by Representa tive Henry T. Rainey, Democratic House leader. Answering the criticism directed by Ogden L. Mills, Undersecretary of the Treasury, at his individual tax proposals, the majority leader said: "I am not Impressed with the ac curacy of the estimates presented by the Treasury. The Treasury has made mistakes in its estimates as large as $500,000,000 to $600,000,000 in revenues in one year in the past.

"We will scrutinize the Treasury1! estimates and the Administration tax program most carefully next week when hearings are under way before the Ways and Means Commit tee. The Treasury's estimates are expected to be the first presented." Mills said last night that the pro posals for increased revenue outlined by Rainey were the Democratic tax program and termed them "wholly Inadequate to meet the fiscal situa tion." "Reports that I gave our. the Demo cratic tax program are utterly erroneous," Rainey said today. "I simply discussed what might be possible "There has not been a Democratic program agreed on at all. Certain members of the Ways and Means Committee have been saying what i.

on their minds as to how to meet the problem of balancing the budget, "The tax program will not be com pleted until estimates have been re ceived and experts have informed us as to what certain rates will yield We also will gather information on new tax yields." Rainey said that the Democrats would make a "serious effort to balance the budget, but to balance the budget in one year is impossible. It should be balanced in two or three years or come as near as possible." Earlier in the day, Rainey, with James W. Collier, Chairman of the House Ways and Means Committee, and Senator Pat Harrison, Missis sippi, ranking Democrat on the Sen ate Finance Committee, conferred with Speaker John N. Garner on taxes and tariff. They are in accord on several tax proposals.

Afterward Garner commented on the Mill3 attack on the Democratic tax proposals, with the assertion that "the trouble with Mr. Mills is that he is afraid we'll get a tax bill and he won't have a chance to tell us how to do it." DELIRIOUS MAN DROWNS At Wilmington After He Escapes From Hospital Attaches. Wilmington, Ohio, December 30 (AP) Knocking two nurses uncon scious, Walter P. Henis, 33 years old Brookville, escaped from a hos pital here early today only to meet death by drowning in a ravine 300 feet from the hospital. Henis, operated on a week ago for appendicitis, became delirious, at tacked his nurses, Miss Emma Down ing and Miss Margaret Gumely, and escaped through a window.

Searchers found his body in the ra vine, face down in a foot of water. The Coroner gave a cerdict of acci dental drowning. Neither nurse was hurt seriously. TWO CARLOADS Of Liquor "Hijacked" From Aurora (III.) Railroad Yard Before Freight Is Paid On "Shrimp" Shipment. Aurora, December 30 (AP) Two carloads of liquor from Florida were hijacked from a railroad track and hauled away in trucks by a gang of 25 men, Burlington Railroad agents reported today.

The shipment, labeled "shrimps" and consigned to a fictitious firm in Aurora, contained 3,500 cases ani was estimated to be worth $200,000. The shipment was billed to the Aurora Distributing Company, which does not extist, in care of a storage firm, which denied knowledge of the contents of the shipment or its intended consignees. Several days ago, officials of the storage company said, two meji called at their office and said they expected a shipment from Florida and wished to pay freight cn it. The freight bill had not been received, so the men departed. There was no consignor's name on the bill of lading but it was shipped from Key West.

The $600 freight bill reanalns unpaid, the storage company claiming the hijacking occurred bofcie they accepted the shipment and the railroad contending it had been delivered. The railroad agents said the two freight cars were shunted cnto a spur track Tuesday. Fifteen minutes later eight motor trucks cenvoyed by three or four totirhvr cars wern driven into the yard and the hijacK-ing gang broke the seals of the freight can ani loaded the cases into their fleet of cars and sped away. Should Be Function Of State, Ingalls Tells Ohio Teachers At Capital. Permanent Financing Plan Urged Future To See School Consolidations, Skinner Says.

Columbus, Ohio, December 30 (AP) A permanent plan for financing equal educational opportunities for Ohio school children was urged before the Ohio Education Association meeting here today by David S. Ingalls, Republican gubernatorial candidate. In urging the planning of a permanent financial policy, Ingalls, Assistant Secretary of the Navy in charge of aeronautics, told a group meeting public education never should be "mechanized or nationalized, but forever be kept as a function of the state, with guaranteed local control." Local pride, creatlveness and initiative should be encouraged to the end that it promotes active interest in their communities, Ingalls said. Other speakers addressed the convention urging various betterments in school laws both as they apply to the teacher and pupils. Refusal for the public to accept changes in educational methods is responsible for the existence of ancient instructional procedure in modern schools, B.

A. Aughinbaugh, Supervisor of Visual Education, told a departmental meeting. The public will stand for revolutionary changes In everything but education, Aughinbaugh said. He urged all money exceeding the operating expenses of the State Board of Censors be used in the purchase of visual school equipment for a state library, such as photo prints, lantern slides and motion picture films. Dr.

B. O. Skinner, head of the State Department, said that, contrary to public belief, the little red school-house still exists. He said that, although they had been disappearing at the rate of one a day for the last 17 years, many rural districts still must depend on the one-room school house for educational instruction. Skinner predicted the future would see additional consolidation of small rural schools into modern educational institutions.

Action to eliminate one-room schools must come through education in the minds of rural citizens and the department will take no ac tion to legislate against them. The convention was split into half a dozen departmental meetings today. PROHIBITION IS CONDEMNED By National Student Federation la Convention At Toledo. Toledo, Ohio, December 30 (AP) "Prohibition as it now exists" was condemned in a resolution adopted by delegates to the seventh annual congress of the National Student Federation of America at a meeting at the University of Toledo, today. The vote, cast by colleges, was 63 affirmative to 40 negative.

The resolution was introduced by James C. Wilson, University of Missouri. After it was passed, a motion by Wales Smith, Butler University, "Be it resolved that prohibition has been socially, economically and morally beneficial," was ruled out of order. Lawrence A. Pratt, Kansas State University, moved the convention go on record as "opposed to the Volstead Act" His, opposed by several Wets, motion was defeated, 50 to 31; with 30 delegates declining to vote.

Southern delegates took no active part In the debate. Generally, dele gates from New York, Ohio, Illinois, Missouri and the Far West voted wet, while those from' New England and the remainder of the Middle West voted dry. Action of the Executive Committee In withdrawing from the World Con' federation of Students was explained by E. R. Murrow, President, and ratified by a nearly unanimous vote.

The World Federation, Murrow said, is only a federation of jealous na- tlonal groups. American Federation will continue to cooperate with it in interest of good will, he con" tinued. A platform on student publications' calling for unrestricted freedom of opinion within common decency and necessary formality was adopted. A program for student tours to Europe and the Orient was adopted. STATE AWARDS CONTRACTS For Bridge Work Forty-Nina, Projects To Aid Jobless.

Columbus, Ohio, December 30 (AP) In an effort to alleviate unenw ployment the State Highway Department today awarded contracts for the building and improvement of 49 bridges. The contracts, valued at approxi mately $500,000, specify local labor shall be used insofar as is practical, Bids on the projects were opened yesterday and state work on each project must be pushed during winter months. Successful bidders, the project, state route and type of construction Include: Brown Stat Rout S3, Bheeeley Jenny Construction Company, Johnstown, J16.474.50. Brown State Route Frtngie construc tion Company. Batavia, creosotcd timber bridge; $1,480.08.

Butler State Route 124, Pringle Construction Company, Batavia, creoaoted timber bridge; 11,795. Champaign State Route 69, R. I Wheelock, Dayton, concrete beam bridge; $13,126.12. Clark- State Route 71, the Middle States Construction Company. Columbui, creoaoted timber briajre: Si.36o.oz.

Clinton State Route 73, Champion Btirtc Company, Wilmington, creoaoted Umber bridge: I5.447.8S. Clinton State Route 194, ClarRe Pro. Maysville, creototed Umber bridge; J7.912.S4. Warren State Rout T3, the Bridge Company, Lebanon, Onto, creoeoted timber bridge, 111.302.55. Warren State Route II.

c. c. voaa. Spencer. W.

concrete box divert, JH.2M.33. HAT IS IH CONGRESS RING. Marion, Ohio, December 30 (AP) Charles E. Lukens, Marion nurseryman, today announced hU candidacy for the nomination as Democratio Congressman-at-large. A Marion resident for 30 years, Lukens has run for Marlon and district offices, but neyer was nominated.

Ursula Guldi and 10 other cousins of Mrs. Christine Guldi Kautz, all liv ing in Germany, filed suit in Common Pleas Court yesterday seeking to set aside the will of Mrs. Kautz, dated November 27, 1929, in which she disposed of an estate estimated at more than $100,000. Mrs. Kautz, who was the widow of Dr.

Frank R. Kautz and stepmother of Dr. Frank A. S. Kautz and Dr.

William S. Kautz, both widely known physicians of Cincinnati, ended her life by hanging herself with the sash of a kimono in her winter home at West Palm Beach, May 10 last There also was evidence that she had taken poison and had attempted to set fire to her home. By her will she provided bequests of $5,000 to her friends, John and Lillie K. Hopmann, 233 Melish Ave nue, and she divided $18,000 worth of stock among other friends. Then she left seven of her German cousins $500 each and gave the residue of her estate to the Lincoln National Bank, in trust, they to pay the income in equal shares to the Children's Home, Clovernook Home for the Blind, the Altenheim, St.

Peter's Evangelical Church, the Big Sisters' Club of the Federation of Churches, the Home for the Friendless and the General Protestant Orphan Asylum for 10 years after her death. At the end of the 10 years the principal is to go to the institutions in equal shares. Through Attorneys Frank S. Bon- ham and Rowland Shepard, the cousins in Germany charge that Mrs. Kautz was insane at the time she made her will.

Sentenced For Manslaughter. Instead of fighting for a new trial upon his conviction of second-degree murder, Cyrus Barnes, Cheviot, agreed yesterday to enter a plea of guilty to a manslaughter charge if the other verdict was set aside, and this was accepted by Judge Thomas H. Morrow, who at once sentenced Barnes to from one to twenty years in the Ohio Penitentiary. Barnes shot and killed Joseph Nie-man, a former United States Marine, in Ralph Stein's cigar store, on Harrison Pike, Cheviot, last March. According to the evidence, Barnes had been poking at Nleman with an automatic pistol in the place, and when Stein was absent for a moment a shot was fired and Nieman was found slumped In a chair, with a bul let wound in his forehead.

Barnes insisted that the shooting was accidental and he had no inten tion of firing the weapon. At the first trial the jury disagreed, stand ing nine for conviction against three for an acquittal. At the second trial he was convicted of second-degree murder. NEW SUITS FILED. COMMON PLEAS COURT.

A30050. A. Wlmpfhelmer v. Abe Kaplan et al. To set aside transfer cf real estate.

A30051. The Mllford B. L. S. Co.

vs. Cecil R. Kirkwood et al. For $5,786 and foreclosure of mortgage. A 30052.

The Autocar Ble Service Co. vs. Edward A. Gorman and George A. Gorman Foi possession of property.

A30053. The Cheviot B. L. Co. vs.

John G. Schwab and Lena Schwab. For $3,496 and foreclosure of mortgage. A30054. Frank V.

Suthers vs. Louise Stevenson. For $669.86. A30055. The Big Four B.

ft S. Co. vs. Meyer F. Simkln et al.

For $2,291 and foreclosure of mortgage. A30056. The Big Four B. ft S. Co.

vs. William R. Gray et al. For $2,330 and foreclosure of mortgage. A30057.

The Big Four B. ft S. Co. vs. Jacob E.

Rappoport et al. For $5,353 and foreclosure of mortgage. A30058. Stella Decker vs. Wllmer Decker and Marie Decker.

To quiet title to real estate. A30059. Rosi Gresnberg vs. City of Cincinnati. Petition in error filed.

A 30060. Herbert D. Floyd vs. Dorothy M. Floyd.

For divorce ani custody of child. A30061. John T. Garrison vs. Robert V.

Johnson. For $25,000. as damages. A30062. Trade Union S.

ft L. A. vs. Alma Schledrich et al. For $2,522 and foreclosure of mortgage.

A30063. William Cobb vs. N. Arthur Baldwin. For $1,019.70 on note.

A30061. Kindel Avenue L. ft B. Co. vs.

Feter Blangardy. For $7,703 and foreclosure of mortgage. A30065. NorriJ vs. Davis Cabs.

For $25,000 as damages. A30066. Adamston Flat Glass Company vs. American Glass Company. For $7,000 on note.

A30067. Ursula Guldi et al. vs. Lincoln National Bank, Executor. To set aside will of Christine G.

Kautz. A30068. Gregory J. Stroner vs. Vernon Hoffman.

For $2,550 as damages. A30069. Leslie Ramsey vs. Vernon Hoffman. For $2,550 as damages.

A30070. Ida Smith vs. Philip A. Smith. For divorce.

A 30071. United Casket Company vs. Walta H. Streiblg. For $2,177 on account.

UNITED STATES COURTS. In an opinion announced by United States Circuit Court of Appeals yesterday by Arthur C. Denison, Presiding Judge, on the appeals of the Columbus Gas Fuel Co. and the Federal Gas Fuel Co. vs.

The City of Columbus, Ohio, involving four separate controversies growing out of the gas rate fight between the two companies and the City of Columbus and orders of Benson W. Hough, United States District Judge, Columbus, fixing a flat rate of 48 cents a thousand feet to gas con sumers in the Columbus territory, all four appeals were dismissed. The cases are remanded to the trict Court at Columbus with instructions to vacate the decrees appealed from (without prejudice to any mer itorious question) and to complete the record by proofs and findings of fact and law pertaining to the controlling validity of the cost contracts and the appropriate rate base, ac tual return and proper rate of return In the event that the cost contracts should finally be held non-controlling. In its opinion Appellate Court came to the conclusion that the records in these appeals are Incomplete and inefficient to constitute, a basis upon which, upon certiorari, the Su preme Court of the United States might deem itself justified to pass upon finally. Appellate Court also said it is un willing to dispose of the cases on the theory that since the Court below permitted the company to receive 48 cents out of an impounded fund with the city's consent, the ordinance should be treated as if it had fixed 43 cents at the rate for natural gas, whereas the ordinance actually fixed the rate at 40 cents.

The constitutionality of this ordinance, Appellate Court states, must rest on its own provisions. If it is invalid, the sub sequent exaction of 55 cents was not unlawful, and it did not become so through action of the Court below in permitting the interim forty-eight-cent rate, the Court adds. Appellate Court affirmed the de cree of Smith Hickenlooper, Circuit Judge, sitting as Judge of the United States District Court, Cincinnati, finding valid and infringed the Gron-dahl Patent No. 1,640,335, owned by the Union Switch Signal Company, Swissville, and covering al entry of an order allowing the claims 5911. Goust Exedahtelos, Greek, Ashtabula, Ohio, vs.

J. A. Fluckey, Immigration Inspector. Decree of United States District Court at Cleveland, Ohio, discharging a writ of habeas corpus sued out by Exedahtelos for his release from the custody of the immigration authori ties and directing his deportation on the ground he had operated a dis orderly house, reversed and the case is remanded with direction for the taking of further proceedings in accord with this Court's opinion. 5781.

Jackson Iron Steel vs. Commissioner of Internal Revenue. Decision of the Board of Tax Ap peals dismissing the Jackson com' pany's appeal is affirmed. 4663. A.

B. Leach, vs. Hugh W. Grant, Receiver of Struthers Furnace Company; decree of United States District Court at Cleveland, Ohio, affirmed. 5754.

Ludington Lumber Company, vs. the Metropolitan National Bank of Minneapolis, Minn. Judgment of united states District Court at Grand Rapids, reversed and the case is remanded. 5812-13. Frederick L.

Swetland et al. vs. Curtiss Airports Corpora tion et al. Decree of United States District Court at Cleveland, Ohio, is reversed and modified as to the hold-ing of the Court below that the air port operated by the Curtiss compan ies opposite the country estate of the Swetlands on Richmond Road, in tne village of Richmond Heights, near Cleveland, was not a nuisance and that the activities at the air port should not be restricted to the extent necessary to enable the complainants to have peaceable enjoyment of their property. The Court below enjoined only flying of air planes below an altitude of 500 feet over the complainants' property, the dropping or distribution of circulars from airplanes flying over the estate and from permiting dust from oper ations at the airport to fly over the property of the complainants.

Orders were entered by Appellate Court restoring to the calendar for teargument, the appeals of the Hart ford-Empire Company vs. the Nivi- son-Weiskopf Company, Cincinnati, Hartford-Empire Company vs. Kearns-Gorsuch Bottle Company and Hartford-Empire Company vs. Lamb Glass Company. Defendant Denies Infringement.

Denial that it is infringing the Al lan R. Lukins Patent No. 1,732,917, covering alleged improvements in composition boxes for storage bat teries, is contained in an answer filed in United States District Court by the defendant in the suit of the Richardson Company, Cincinnati, vs. the Charles A. Fisher Company, Cincin nati.

Court is asked to dismiss the plaintiffs bill- of complaint and to award the defendant its costs. Bus Chauffeur Pails. Charles H. Miller, chauffeur em ployed by the City Transit Company Norwood, Ohio, residing at 2335 Norwood Avenue, entered his voluntary petition in bankruptcy in United States District Court. He schedules indebtedness totaling $801.20 and assets at $138.65.

Creditors Hold Meetings. First meetings of creditors were held in the office of W. J. Kuertz, Referee in Bankruptcy, in the cases of J. Nicholas Dollinger, bankrupt farmer, Lynchburg, Ohio; Theodore E.

Hawthorne, bankrupt farmer, R. R. No. 1, Lynchburg; and Marion H. Gilliland, bankrupt farm loans and real estate dealer, Leesburg, Ohio, C.

R. Simkins, Lynchburg, was named trustee of Dollinger's estate with bond at $200; Edward M. Wiggins, Lynchburg, was appointed trustee of Hawthorne's estate with bond at $500 and Claude Pavey, Leesburg, was selected trustee of Gilliland's estate, with bond $1,000. at Defendant Denies Negligence. In the personal injury suit of Carrie Feldkamp, Covington, vs.

the Post Publishing Company, Cincinnati, the defendant filed its answer in United States District Court denying responsibility for injuries the plaintiff says she received on July 27, 1931, at Edwards Road and Madison Road, Norwood, when struck by an automobile of the defendant. It is averred the plaintiff attempted to cross this intersection against the red traffic light and stepped directly Into the path of the defendant's automobile. Court is asked to dismiss the case and to award the defendant its costs. Bankrutcy Notes. Petition for relief in bankruptcy was filed in United States District Court by Robert Corn, laborer, Lock-land, Ohio.

His schedules of liabilities and assets are to be filed within 10 days. Discharge in bankruptcy is sought in a petition filed by Ferdinand B. Suttman, bankrupt, Cincinnati. REINSTATEMENT PIEA HEARD John L. Schrimper Asks Judges To Lift Disbarment.

With ten of the 11 judges sitting, the Common Pleas Court Judges, in joint session yesterday, heard the application of John L. Schrimper for reinstatement as a member of the Hamilton County Bar. They took the matter under advisement and will pass upon it next Wednesday. Schrimper was disbarred from practice here after the developments which resulted in sentence of him and Bert Buckley, former Treasurer of State, to Federal prison on charges of having attempted to bribe a prohibition agent. Adolph A.

Gruber, also an attorney, was implicated, but testified before the Federal Grand Jury and received an immunity bath. He also was disbarred, however. Schrimper pleaded guilty and received a light sentence. Buckley held out for a time, but later also was sentenced. Schrimper was par- RALPH E.

GARVIN. Mr. Garvin, 43 years old, Cleveland Heights, Ohio, will be the new City Manager of Springfield, succeeding Clyde E. Wallingford, who resigned to become City Manager of Newport, Ky. doned after serving a few months, and Buckley also was released later, Buckley, also a lawyer, was disbarred in his county, but since has been reinstated.

When Schrimper applied first for reinstatement his application was referred to a committee of Judges, composed of Judges Thomas H. Dar by, Thomas H. Morrow and Chester R. Shook, who refused his applica tion after hearing the evidence, and so recommended to the joint session. Later Schrimper made a second application, and this the Judges decided to hear in joint session, but Judge Darby refused to sit in the rehearing yesterday.

Testimony was presented that Schrimper had given checks to persons which were not honored and which he later refused to pay on the ground that they were "gambling transactions." One for $1,150 was given to William Pohlmeyer, as 100 per cent profit on investment loan of $550 to Schrimper, in securing "liquor permits," Schrimper said. Attorneys Province M. Pogue and James R. Clark appeared for Schrimper, who also had a number of letters from other attorneys urging his reinstatement. His counsel declared that Schrimper is willing to pay as soon as he can do so, and that the fight against him is because he owes money.

The Judges then went into executive session for a time, after which it was announced that another point session will be held next Wednesday, at which the matter of reinstatement will be passed upon. DEATH COMES To Pioneer Balloonist In French Capital Frank S. Lalim Native Of Canton Passenger In Wright Demonstrations. Canton, Onio, December 30 (AP) Balloonists and aviators today lost one of their staunchest supporters in the death of Frank S. Lahm, of heart disease, in Paris.

Word of the death of Ohio's pioneer balloonist, whose interests in free flights among the clouds made itself known in his public school days, was received today by Joseph M. Blake, Canton attorney. Friends here were aware the eighty-five-year-old balloon enthusiast could not live much longer. He had been in poor health since last May, when an operation sapped much of his waning strength. The body will be sent to the United States, probably January 7, for funeral services at Mansfield, Ohio.

Although he has lived in Paris since 1883, Mr. Lahm still claimed his birthplace as his home, and each year returned for a short visit. Shortly after he went to Paris he became a member of the French Aero Club and qualified as a pilot by virtue of 13 ascensions, including night and solo flights. Because of his knowledge and experience he was made a member of the Board of Governors. He was one of those who interested James Gordon Bennett in ballooning and his persuasion led Mr.

Bennett to contribute a trophy. The trophy first was contested for in 1906 and the winner was Mr. Lahm's ron, now Brigadier General Frank P. Lahm, United States Air Corps. Mr.

Lahm was one of the keenest supporters of Orville and Wilbur Wright when they produced their first airplane. When the brothers went to Europe to make a demonstration Mr. Lahm was their first passenger. With him when he died was his son. No word as to funeral arrangements has been received here, although it was thought his body might be returned to the United States for burial.

BOARD MAY MERGE DUTIES Of City Officials, Bettman Rules -For Miamisburg Council. ENQCIREB BIP.E.1D RFXCUIi DlSrlTCH. Columbus, Ohio, December 30 Gilbert Bettman, Attorney-General, in an opinion to the Bureau of Inspection and Supervision of Public Offices, today held unconstitutional that provision of the General Code which provides that, in cities having a population of less than 20,000, the City Council may, by a majority vote, merge the duties of the Clerk of the Waterworks, Clerk of the Board of Control and Clerk of the City Council with the duties of the City Auditor. The opinion concerned principally Miamisburg, Montgomery County, where the City Council sought to merge the boards and City Auditor's office. I.