The Cincinnati Enquirer from Cincinnati, Ohio • 11

11 THE ENQUIRER, CINCINNATI, SATURDAY, JANUARY 28, 1933 may vs. Zetta B. Roma et al For S4.Z11 TEN BURGLARIES REPORTED r-r i News Of The Courts i 1 BLOODY RUN May Get Its Sewer. E. Bethel, aviator, St Joseph, Mo, vs.

The Unexcelled Manufacturing Company, fireworks manufacturer, New York and Reading, Ohio, was entered in United States District Court by the plaintiff. The suit was brought to recover damages for the death of Bethel, alleged to have resulted from the premature explosion of an aerial bomb manufactured by the defendant Perin as receiver of the Norwood Company, manufacturer of novelties, 3640 Peter Street, Evanston, following the filing of a petition by Emit Fleck, owner of 80 shares of the company's stock. Fleck set forth that the majority of the stockholders passed a resolution to dissolve the corporation and authorized him to bring the action for dissolution. He also stated in his petition that there is a large amount of stock and materials on hand, which he asked be placed in the hands of a receiver, for the purpose of selling the business as a going concern. Receiver Perin's bond was fixed at $5,000 by Judge Matthews.

Fight Over Estate Is Started. Seeking to enjoin John T. Fin-nerty. 1620 Sherman Avenue, from drawing certain funds from banks, snd asking that these funds, with the entire original accounts on deposit, be declared the property of the estate of Marie Brennan, who died August 9 last Dorothy and Agnes Finnerty, and Susan Kreier, all of 2026 Dale Road, Norwood, filed suit in Common Fleas Court yesterday, through John A. Scanlon, their attorney.

They are nieces and Finnerty a nephew of the deceased, and they are all the heirs, they state. They also say that prior to her death Finnerty "induced and compelled" his aunt to place her money in joint and survivor accounts, and the deposits were $5,870.25 in the Provident Bank, $4,795 in the Fifth Auditorium, 4900 Glenway Avenue. Wilson Liscomb, Vice Chairman of the association, presided. The following officers were chosen: Garfield Warner, Chairman; Charles Mots, First Vice Chairman; Edward Schultz, 8econd Vice Chairman; Julius Beier, Third Vice Chairman; Al Smith, Secretary; Jacob Oehler, Treasurer; Elmer Blohm, Chaplain, and Fred Finkheincr, Sergeant at Arms. George Beam, Chairman of the Executive Committee, was the installing officer.

Directors of the Ohio State Restaurant Association made an inspection tour of the Netherland Plaza yesterday, and agreed upon a tentative program for the annual exposition and convention to be conducted at the hotel May 9, 10 and 11. Prominent among the Directors who attend Jd the meeting yesterday were J. O. Mills, Columbus, a Director of the National and State Restaurant Associations; T. T.

Frankenburg, Columbus, Secretary of the state association; Earl Huette, Dayton, President; Miss Grace E. Smith, Toledo, Vice President; Carl Schaufele, Columbus, Treasurer, and Miss Mary C. Budroe, Dayton; R. N. Heist, Mlamlsburg; A.

C. Huffman, Zanesvllle; James G. Tu-roff, Marion; M. ComUar, Dayton; Miss Bertha Damon, Cleveland, Herman Ktrschner and W. P.

McCrone, Cincinnati. A. C. Gammill, President of the Cincinnati Restaurant Association, and A. E.

Scheffer, Executive Secretary, greeted the visitors. The restaurant men voted 7 to 3 in favor of a resolution confining and foreclosure of mortgage A39024. Henry ueyer vs. Bernard J. Qrontnp.

For aa Injunction. A3O026. Kroger urocery Baaing com pany vs. Josepa Dennemann. PeuUoa la irnir int-l.

A 3027. Carrie K. Jacob? va. Jaors Warm. For $3.50.

A36028. Eaeie 8 L. A. v. Apseloff Bros, et al.

For 14,641 and foreclosure of mortgage. A36029. Eaa-le s. L. A.

vs. Andrew Schneider et ai. For 2,681 and foreclosure of mortgage. A36030. Paul caraccioio vs.

rr. aucus- us A. Bonnell at at For $29,500 as dam ages. A30H31. Maurice a.

inon. executor vs. The Jewish Hospital. PsttUoa In error filed. A 3 6032.

Martha B. Adams vs. James E. Adams. For divorce.

A3033. John H. riseier vs. wiiuara J. Farrell et aU For 13,077.

A36034. John Haecer vs. Charles c. Cohen. For 16,628 A 36035.

Cora Lehman vs. T. c. rresnour. For $5,326 as damages A3i03.

Dorothy innerty et vs. jonn V. Finnerty. For an injunction. A36037.

Norwood-Hyde Park IBank a Trust Company vs. Edwin M. Craig and Miriam V. Craig, ror io.uuu on noie. A36038.

Norwood-Hyde Park Bank A Trust Company vs. William T. Chamberlain and Edwin M. Crate. For 500 on note.

A36039. Rename s. ft l. uompany vs. Edward Woeffel.

For 13,888 and foreclo ure of mortgage. A3W40. Isabel H. in err er vs. uuy ot Cincinnati.

To enjoin assessment. UNITED STATES COURTS. After listening to arguments of counsel for the greater part of the day, Robert R. Nevin. United States District Judge, Cincinnati, yesterday continued the hearing of the unfair competition and injunction suit of the Early Daniel and other independent gasoline distributors in Hamilton County, Ohio, vs.

the Cities Service Oil Company and eight other oil and gasoline producing and refining companies until next Tuesday morning. In the meantime Judge Nevln will study the bill of complaint to determine whether it states a valid cause of action against the defendant companies under the Clayton anti-trust act Should he find it does not, he will probably order the dismissal of the case next Tuesday. If he finds that it does, he will dispose of motions ol certain of the defendants for dismissal of the bill as to them and resume the hearing of the case on its merits. An imposing array of counsel as sembled in the courtroom of United States District Court yesterday morning when the case was called for hearing. Among counsel were Harry T.

Klein, former Clncin- natian, now of New York, who appeared as General Counsel and a Director of the Texas Corporation. Joseph S. Graydon and Gregor B. Moorman, of Maxwell Ramsey, attorneys, Cincinnati, representing the Gulf Refining Company; John R. Schindel, attorney, Cincinnati, A.

J. Dorwin, attorney, Lawrenceburg, 111., representing the Texas Company; Robert A. Taft, attorney, Cincinnati, and William A. McAtee, attorney, Ceveland, representing the Standard Oil Company of Ohio and its subsidiaries', Refiners, Inc. and the Fleet Wing Company; Frank A.

Thompson, attorney, St. Louis, representing the Shell-Union Oil Company; Dinsmore, Shohl Saw yer, attorneys, Cincinnati, and James B. Malone, attorney, Springfield, Ohio, representing the Cities Service Company; W. R. Allen, attorney, Chicago, 111., and Paxton Seasongood, attorneys, Cincinnati, representing the Sinclair Refining Company, and H.

M. Myers, attorney, Columbus, Ohio, and Sanford A. Headley, attorney, Cincinnati, representing the Pure Oil Company. j.ecr.ard h. Freiberg attorney, Cincinnati, appearing as counsel for the Early Daniel Company and other plaintiffs, told Judge Nevin his clients seek relief from the un fair methods of competition alleged employed by the defendants which, he said, are designed to drive the complainants either into becoming customers of theirs or out of business through inability to sustain prolonged losses due to the low prices of gasoline now prevailing in this market.

He declared the defendants should be enjoined by the court from maintaining prices on gasoline which are below the costs of the product and its marketing. Freiberg attacked, in particular, the so-called "marginal contracts" he said the defendants entered into with customers, under which the customers were permitted to purchase gasoline at prices up to 6 cents below the established price without regard tq the prevailing wholesale price of gasoline. At the present time, he. said, the wholesale price of gasoline in Cin cinnati is 11 cents a gallon, and that this figure represents the fair price of gasoline here. He also criticized affidavits filed in this case by the defendants to show that the present price of gasoline is based on economic and competitive conditions.

Harry T. Kline, representing the Texas Company, in bis statement to Court declared the combination of over-production, modern refin ing methods and competition was responsible for the present situa tion in the gasoline market He declared there is no truth in the allegations of the plaintiffs that the defendants had 'conspired together to fix prices to throttle competition of independents. He said gas oline, in tank-car lots, can be purchased at Cincinnati by any person for seven cents a gallon. He said this cost was made up by the com bination or the price at the fields, the freight and other charges accruing to the delivery of the com modity in Cincinnati. He declared modern refining methods had in creased the output of gasoline from a barrel of crude oil, 300 per cent.

He averred the Texas Company alone has 600,000,000 barrels of crude and refined products now in storage. Joseph S. Graydon, appearing for the Gulf Refining Company, at tacked the sufficiency of the bill of complaint and also asked dismissal of the bill as to the Gulf Company on the ground its gasoline is refined at its plant at Hooven, Hamilton County, Ohio, and is not subject to any provisions of the Clayton Act or any other Federal Anti-Trust Act involving articles in interstate commerce. Frank A. Thompson, attorney, St.

Louis, appearing for the Shell-Union Oil Company, moved for the quashing of the service made on his company. He disclosed to Court the Shell-Union Company does not do business in Ohio, nor has it a representative in Ohio. It developed that the company doing business in Ohio is the Shell Petroleum Corporation, which has not been served in these proceedings. Robert A. Taft, appearing for the Standard Oil Company of Ohio, declared his company is an Ohio Corporation doing an lntra-state business only and for that reason it should be dismissed from this case.

Judgment Is Satisfied. Satisfaction of the Judgment for $2,500 awarded to the plaintiff in the suit of Carl G. Werner, ancillary administrator of the estate of James Robbers Particularly Busy la Price Hill District Ten burglaries Thursday night and early yesterday niomin; were reported to police yesterday. Five occurred in the Price Hill district. Offices of the Westwood Build ing Loan Co, 2669 Harrison Avenue, were entered and ransacked, but nothing of value stolen.

Other places in the same district, which were entered, were: Hilltop Fruit Store, 4068 West Eightn Street, Atlantic Pacific Tea 4070 West Eighth Street; George Bronstrop Meat Store, 4072 West Eighth Street, and the Greenlee and Paul Filling Station, 2026 Harrison Avenue. The filling station reported a revolver, vending ma chine and telephone as missing. urriclals of the other firms are making inventories to determine their losses. Wearing apparel worth $39.50 was stolen from the store of Dora Cohn, 334 East Front Street En trance was effected to the Queen City Petroleum Company station. Central Avenue and Linn Street, and $6 stolen.

Yeggmen obtained $100 from a safe at the National Screen Company, 2450 Beekman Street The combination was knocked off and the tumblers punched out Pocket knives, guns and tools worth $288 were stolen from the J. R. Wood Supply Company, 925 Broadway. Thomas Teats, 619 Probasco Place, reported jewelry worth $78 stolen from his home. Continued From Page 8.

the direction of Lyman Wiltse. Rev. H. N. Gelstwelt will speak.

At the mornlnc service Rev. Mr. Gelstweit will speak on ''His Mind, and Our Enemies." New officers of the Holy Name Society of St. Margaret Mary parish, North College Hill, were installed last night. They are; President, Harry Dhonau; Vice President, August Glasmeler; Secretary, Frank Somogyl; Treasurer, William Witt; Marshal, Frank Kohus; Banner Bearer, Harry Kuhlman, and Delegates to the Central Chapter, Edward Vlx, Charles Losacker and Vincent Ruohl.

Rev. Paul L. Borman, who represents the Board of National Missions as well as the Home Mission Council in its work among the Jewish people of the United States, will speak tomorrow morning at the Westwood First Presbyterian Church on "The Presbyterian Church and the Jew." In the evening the members of the young people's choir will entertain the Men's Glee Club of the University of Cincinnati. The program will Include organ selections, solos, and chorus numbers. The Federation of Women will hold a meeting next Thursday at 12 o'clock at the Clifton Methodist Episcopal when Mr.

Kennedy, of the Federal Immigration Commission, will speak on "Immigration Problems." Rev. Ross Wil-hlde will be in charge of the devotion period. The Commander of the local Salvation Army, Major Claude E. Bates, will conduct the evening service tomorrow in the Bethesda Hospital Chapel at 7:30 o'clock. Adjutant William Maltby will assist in the.

musical program. Rev. Calvin Dill Wilson. Glen- dale, will preach tomorrow morn ing at 10:45 o'clock for Rabbi James G. Heller at Wise Center, ueading Road, on "The.

Silver Trumpets." Miss Marie C. Duper of the Plym outh Congregational Church will give a brief address on "Ruth and Naomi" tomorrow afternoon at 2:30 clock over Station WSAI under the auspices of the Press-Radio Bible Service. A mass at noon on Candlemas Day, next Thursday, will be cele brated at 12:10 o'clock, and im mediately afterward members of the Fenwlck Guard of Honor, of the Ladles' division, will assemble for adoration of the Blessed Sacra ment in the Fenwlck Chapel of the Holy Spirit, East Fifth Street. The men's group of the Guard will observe Nocturnal Adoration throughout the night on Thursday. Monthly Novena to the Holy Spirit opens in Fenwlck Chapel next Wednesday, with special prayers recited for the intentions of all members enrolled In this con fraternity, after dally Benediction of the Blessed Sacrament at 5:30 o'clock.

First Friday services opens with a high mass celebrated for all the living and deceased benefactors of the Fenwlck, at 6:30 o'clock Fri day morning. Masses tomorrow will be cele brated at 7:30, 8:30, 9:30, 10:30, 11:30 and at 12:15 o'clock. Every day next week there will be a said at noon, and afternoon devotions will be held dally at 5:30 o'clock. General Holy Communion Day for all resident members at the main center and the student resident group at the Fenwlck Uni versity Branch will be observed Sunday, February 12. KEEP OUT OF CRASHES For Economy's Sake, Board Advises City Drivers.

All city employees were requested to make every effort to lower th cost of upkeep on city-owned automobiles at a session of the Permanent Board of Inquiry yesterday. President J. Ben Grause said that all employees who drive city-Owned automobiles can be instrumental in lowering costs of maintenance by observing all traffic regulations and exercising the greatest possible precaution to avoid accidents. The Permanent Board of Inquiry investigates all accidents in which city automobiles are involved and is known to drivers of city automobiles as the "Benzine Board." Fifteen accidents were investigated at the session yesterday. Only one employee was held to responsible for damages to the automobile he was driving.

This employee was ordered to contribute $3 toward the expense of repairing it. Religious nother phase of the litigation result; nt from the divorce suit in Domestic Relations Court some years ago by Grace Diehl against George Diehl was passed upon in a decision handed down yesterday by Judges Kunkel, Allread and Horn- beck, of the Dayton Appellate Court District, who sat here in place of the First District Judges. This decision reverses a decision by Common Pleas Judge Dennis J. Ryan, who set aside a former alimony decree in the case, on the ground of fraud. Mrs.

Diehl and ber husband fought long In the courts in her divorce suit. Diehl named Robert Newhall, radio commentator, who afterward married Mrs. Diehl. After Judge Charles W. Hoffman had heard the case in Domestic Rela tions Court he dismissed the suit Then it was taken to Court of Appeals, which reversed Judge Hoffman and ordered the case sent back for a new trial.

Judge Hoffman refused to hear it a second time and it went before Judge Thomas H. Darby, who granted the wife a divorce, with real estate and $5,000 cash as alimony, she having testified that she had contributed money she had inherited toward the purchase of the real estate. After the decree the case was taken to Court of Appeals, which affirmed Judge Darby, after cutting off the $5,000 cash alimony. The Ohio Supreme Court refused to permit the case to come before it, and after his former wife had been married to Newhall, Diehl caused her arrest in Municipal Court on a charge of having given perjured testimony as to her con tribution to the purchase of the real estate. She was dismissed when the case was tried in Municipal Court.

Diehl's next move was to file suit to set aside the alimony judg ment on the ground that it was secured through fraud. Judge Ryan heard this and held that there was fraud and he set aside the judgment. Then the matter went to Court of Appeals upon this question and Attorneys Bert H. Long, Province M. Pogue and Robert H.

French appeared before the visit ing court for Diehl, with Attorneys Nichols, Morrow, Wood, Marx Ginter for the wife. In its opinion. Court of Appeals now holds that Diehl was bound by his petition which set forth the charge of false testimony, and also is bound by the fact that Mrs. Diehl was arrested on a perjury charge, and acquitted of it in Municipal Court. Further, the evidence by Mrs.

Diehl showed she did contribute $3,000 she had received, the Court declares. Therefore, the Upper Court says: 'Without considering the many other questions which counsel have presented, we are clearly of the opinion not only that the judgment of the Lower Courts should be re versed, but that this Court should proceed to render the judgment which the Lower Court should have rendered, To make a finding in favor of the defendant below, and to dismiss the petition of the plaintiff below." Alleging that she left him April 29, 1931, taking with her their fur niture and household effects, Hur ley L. Faul, 2938 Llewellyn Avenue, filed suit for a divorce, from Dorothy J. Faul, 3760 Reading Road. He also asks that she be barred from dower in property he owns in Loveland Park, Warren County.

They were married August 3, 1927, at Covington, he says. Martha Belle Adams, 3428 St. John's Place, charges neglect in her suit for a divorce from James E. Adams, 615 Fifth Avenue, Day ton, to whom she was married October 14 1927. She says she was forced to leave him December 10, 1931, because of his treatment of her.

She also asks that her maiden name, Cunningham, be restored to her. Judge Charles W. Hoffman, in Domestic Relations Court, granted the following divorce decrees yes terday: Catherine Samad, 39 West Corry street, from James Samad, neglect; Eva F. Phillips, 979 Oak land Avenue, from William M. Phillips, neglect, and Mae H.

Bloat, 1508 Pleasant Street, from Barnett H. Bloat, neglect. Youths Face Burglary Charges. Two indictments charging Har old Hatley, 2108 West Eighth Street, and William Wayhoff, 617 Church Street, with burglary, were returned by the Hamilton County Grand Jury yesterday, in a report to Judge Charles S. Bell, In Criminal Division.

A third indictment charged Hatley, individually, with another burglarly charge. Police arrested Hatley when an automobile in which he was riding with Robert Hoeltge, 17 years old, ran into a pole January 3. Hoeltge jumped out and ran, but was shot in his leg. His story resulted. In the arrest of Wayhoff, and the in dlctments against the three.

December 22, it is charged, Hatley broke into the Scheve Hardware Company's store, 2129 West Eighth. Street, and stole a number of shotguns, rifles, ammunition and cut lery, all valued at $161. Hatley and Wayhoff are charged with breaking into the Burke Grocery Company's store, December 16, stealing $62 worth of goods, and burglary of the stable of John Darby, January 3, 1933, from which 24 chickens, valued at $20, were taken. An indictment charging John Birch and Leo Mathls with receiv- ing stolen goods, resulted from the hardware company burglary, they being alleged to have purchased four rifles and four guns, stolen from the store by Hatley. Gus Brater faces two indictments charging him, with having forged checks on the Producers Coopera- tive Commission Association: Other indictments returned in the report yesterday were: Lucille Turner, as-sault to kill; James French, cut ting to kill; Harold Hayes and Eugene Jackson, burglary, and James robbery.

Simpson, it IS alleged, held up John Boom- baard, of the American Cone and Pretzel Company. A charge of manufacturing liquor, against Joe Falonl, and one of auto stealing, against James Turner, were ignored by the. grand jurors. Receiver For Norwood Company. Judge Stanley Matthews, In Com mon Pleas Court, appointed Howard proposed Solntion, Submitted Connty, Calls For Relief labor Assessments Cut.

What may be a solution of the difficulty of building the Bloody Bun sewer, to carry off thi water and sewage now flowing into that creek from Pleasant Ridge, Norwood and Bond Hill, was presented to the Hamilton County Commissioners yesterday. The plan was offered by John Raffety, County Sanitary Engineer; John Behla. President of the Bond Hill Welfare Association; Harry H. Baker, Mayor of Norwood, and Henry Cordes, State Legislator. It has for its ultimate object the construction of much of the work with funds provided for welfare work relief, thereby aiding the unemployment and cutting the costs if assessments against property owners virtually in half.

There 1s an additional proposition for the State Health Department to order the work dona by holding the creek to be a menace against health, in which event the county could issue bonds for the purpose, which would come outside of the 15-mill limita-tion in the tax levy, -i. Raffety said that the total estimated cost for the sewer, which Is Intended to connect with the Mill- creek interceptor sewer, is approximately $245,000. By using relief work funds the amount that must be assessed against property own ers would be cut to $98,825, approximately half of the total assessment otherwise, he said. It was this heavy assessment that caused pro tests from property owners that the amount would be confiscatory and far in excess of benefits to their property. Those protests caused the Com' mlssioners to lay aside the project tome months ago.

Raffety also said that the proposition would cut the county's share of the cost from $13,600 to about $7,000 and the city's portion from $13,700 to $9,900, Representative Cordea stated that the Legislature expects to make provision whereby relief funds can be used for labor on such projects, He declared that, if the employ ment of labor is staggered, the Wel fare Department can provide work for-between 300 and 400 laborers on the Bloody Run sewer project Mayor Baker pointed out that Norwood voters snowed under a proposition to issue $41,000 bonds for the work, but said the new pro- posal would reduce the amount needed by that city to $20,500. He said State Board of Health has declared Bloody Run to be a nuisance and a menace to health, and he' suggested 'that if 'the 'county cannot issue the bonds without the fifteen-mill limitation, the State Board might order the sewer built as a health measure, and the bonds then could be issued, outside the fifteen-mill limit. and without a vote of the people. The matter was referred to En gineer Rafferty and Fred K. Hoeh- ler.

Welfare Director, for an inves tigation, as to its possibilities. WAY IS CLEARED To Begin Work On Sewer Project Cost. To Be $550,000. Work may proceed at once on the Delhi-Sayler Park-Fernbank trunk sewer project, it was announced yesterday by William S. Edgemon Assistant City Solicitor, in charge of real estate.

In a letter to J. Root, Director of Public Works, Edgemon advised that the director may advertise for bids on the contract at once. Edgemon said that not all the rights of way re quired for the sewer have been ob tained, but that negotiations were in such- shape that the city could proceed. Residents of the three down-the-rlver suburbs have been clamoring for sewer facilities for many years. Many of the best residences have only cesspools for sewer facilities, and others dump their sewage by means of drains into open ravines, Health officials have condemned the conditions resulting from open sewers in the vicinity, and in hot weather many residents have com plained to Council concerning odors that result.

A large part of the trunk sewer Will be six feet in diameter and the sewer will have three outlets to the Ohio River. Plans for the sewer were completed many months ago bu litigation, which was necessary to obtain the right of way, delayed the oroleet The principal difficulty in these negotiations was caused by the fact that heirs of an estate own ine part of the right of way live in distant cities and it was necessary 1p obtain written consents to any agreements. Director Root also plans to start work on the last section of the Millcreek interceptor sewer early this spring. This section of the in terceptor, between Harrison Avenue and the Ohio River, win cost ouu 000. With both sewer projects under wav the city will have more than $1,000,000 worth of sewer work under construction and it is ex pected that unemployed labor will obtain considerable relief when the weather Dermits work to be started The Delhi-Sayler Park-Fernbank sewer will be built in three sections and three separate contracts may be let.

'auto graveyard sought. a nanr Vinme for wrecked and con fiscated automobiles is sought by city officials, it was announced yesterday. There are now more than 100 automobiles that have been wTorVeA confiscated in liauor cases or abandoned on the streets of Cincinnati 4n tha workhouse grounds. Superintendent Anthony Sauer reported yesterday tnat ne neeas thin nnnrn fnr nther numofieS. John F.

Porter, Superintendent of Prop erty Maintenance, agreed to mane a tour of cltv nronertles and select a new storage yard for these auto mobiles. Most or the automooiias VinnH ii-i itVinr hArllv wrArknd or decayed by age and all of them win have to be transported trucKs to tneir new nome. Commander Jay C. Welch of Robert E. Bentley Post, American Legion, 322 Broadway, on behalf of his organization will present a silk flag 4 by 6 feet in size, together with a standard, to the new Bond Hill public school this afternoon at 2 o'clock at the dedication ceremony of the city's latest school building.

The presentation will be in charge jointly of the Americanization Committee ot the post, headed by John B. Keena, and the Activities Committee, of which Robert Thayer is Chairman. Thayer is President of the Welfare Association of Rose Lawn. On these committees are Lou Bacherme, Post Adjutant; Art Froome; State Senator William E. Handley; his brother, Dan C.

Hand-ley Chase M. Davles, member of the Board of Education; Harry Gilligan, Milt D. Campbell, W. A. Burllngame, Frank R.

Favret, Herman Haefker, Walter Bertsche, William X. Aebl and Thomas L. Tallen tire, Chairman of the Hamilton County Post Commander's Committee. The flag will be accepted by Miss Edith Dolan, school principal. This evening the Cincinnati Chapter of the American Institute of Banking will hold its annual debate with the Kanawha Chapter of the Institute from Charleston, W.

Va. The debate will be held at the Netherland Plata, beglnlng at 7 o'clock, and after the debate members and guests will enjoy an evening of dancing. The Cincinnati team, under the direction of Harry Plogstedt, of the Fifth Third Union Trust Company, will be composed of Joseph Schneider, of the Fifth Third Union Trust Company; Lewis Williams, American National Bank, Newport; Robert Whitehead, Bellevue Commercial Bank, Bellevue, and Henry Hagner, Fifth Third Union Trust Company, alternate. The Charleston, W. team will be composed of Charles A.

Williamson, D. F. Hostettler Jr. and Victor H. Lloyd, ot Charleston, W.

Va. Charles H. Cole, President of the Cincinnati Chapter and Debate Chairman, announced that Judge Thomas H. Morrow, Herbert Koch and Wayne Calhoun will be judges at the debate. "With a billion dollars more distributed among the citizens of America today than in 1929, we face the situation of having people out of work," said James A.

Wilson, Fourth Vice President of the American Federation of Labor, before the Masonic Business Men's Club yesterday noon at the Netherland Plaza. "It is up to the American econ omist," said Wilson, "to bring forth a new theory and way out. The problem of producing sufficient goods no longer confronts the American people, but the gigantic problem of eliminating the unemployed must be correctly solved within the near future." Wilson stated that wages had failed to keep pace with man's Increasing capacity to produce, and that the working hours must be reduced to provide for the unemployed, which would bring more purchasing power and need for more production, Frank Detrlck, Ada, Ohio, Presi dent of the Ohio Retail Clothiers and Furnishers' Association, andC. E. Dlttmer, Columbus, executive di rector, have accepted invitations to attend a luncheon meeting of the Cincinnati members of the Men's Apparel Club of Ohio to be held at noon today at the Hotel Gibson.

They will assist in selecting "Cincinnati's best dressed man" from among a dozen or more who have been nominated for the distinction. The "fashion plate" will be taken to Columbus as the "Cincinnati-made man" to be shown at the stale convention. Louis Doble was reelected Secre tary and Superintendent of the Masonic Employment Bureau of Cincinnati and vicinity at the annual meeting of the bureau last night. Doble is a Fast Master of N. C.

Harmony Lodge No. 2, and has been active in all Masonic affairs. Other officers for the ensuing year are: President, Benjamin S. Sharp-less; Vice President, T. W.

Marz; Treasurer, A. S. Workum; Executive Committee, Charles H. Meeds, Don D. Kuemmerllng and Carl J.

Foerster, and Assistant Secretary, Hattle Engelhardt. The annual meeting of the Board of Trustees of the Jewish Hospital will be held on Sunday, February 19, 1933, in the Board Room of the hospital. The following have been nominated for membership on the Board of Trustees: Alva W. Gold smith, David F. Kahn, Maurice J.

Freiberg, Albert Mills and Aaron L. Stlx. Price Hill division of the Hamilton County Veterans' Association held its election last night at Prout's "drastic action" if they continued to deliver milk to him. He avers that Dr. Bonnell "still Is Identified with and dictates to farmer pro ducers in this territory and else where as an official of and con nected with the K.

I. O. Milk Pro ducers' Association. Therefore, the plaintiff charges that the defendants conspired and combined to Injure and ruin his business "maliciously and by means of threats, preventing the farmer producers from delivery milk to this plaintiff or his agents, and by intimidations, false representations and unlawful Inducements caused the producers to refuse to deliver their milk to him. He alleges that If the milk had been delivered to him the dairy company to which it was consigned would have re fused to accept it.

Caraccioio says he was able to earn from $50 to $100 a week with the route, and he has received back no part of the $4,500 he paid for It, yet he was forced off the route, which they then sold to John Kel ler, who has been delivering milk and the company has been accept ing it, though the milk Is of tie same quality the company refused to accept from him, he alleges, Bond Is Forfeited. Failure of Grady Ham, 37 years old, 2550 Montana Avenue, West-wood, to appear before Robert R. Nevin, United States District Judge to answer to an indictment charging him with having possessed and passed counterfeit $5 bills in violation of Federal law, resulted in the forfeiture of his bond. Court directed the issuance of a capias for Ham's arrest Orders Auto Confiscated. In the libel proceedings of the Government for the forfeiture to the United States of an automobile seized by Federal prohibition agents several months ago In connection with the arrest of William Howard, 25 years old, 1515 Elm Street, on a charge of having transported 50 gallons of alcohol, Robert R.

Nevln, United States District Judge, entered an order forfeiting the car and directed the Marshal to sell the same at private or public sale. Attorney Seeks Admittance. Roger B. Baxter, attorney, Cincinnati, entered his application for admittance to the bar of United States District Court. Bankrupts Seek Discbarge.

Discharge from their respective debts is sought in petitions filed in United States District Court by Charles J. Grow and his wife, Mrs. Carrie Flnnell Grow, individually and as partners doing business as Braxton Coffee Shop, Cincinnati, and Frank G. Dombroe, bankrupt, Cincinnati. Woman's Sentence Suspended.

Martha Anna Fellerman, Eliza- bethtown, Ohio, who was indicted with Charles Anderson, express man, 435 Laurel Street, Thomas Ittig, sub-tobacco jobber, 3006 Lehman Road, and others under charges of having conspired together to violate the act of February 13, 1913, prohibiting thefts from Interstate commerce shipments, in connection with the theft of 10,000 cigarettes from the Baltimore Ohio Railroad Com pany, was given a suspended sen tence of six months in jail yesterday by Robert R. Nevln, United States District Judge, following her plea of guilty. Ittig, Anderson and two of the other defendants in this case were given sentences by Judge Nevin Thursday. Agents Find Still. Following a raid by Federal prohibition agents and the confiscation by them of a 250-gallon still in operation, 36 gallons of whisky end 350 gallons of whisky mash at the home of Ira Drennan, 44 years old, stationary engineer, Pleasant Ridge Road, Green Township, Hamilton County, Ohio, Drennan and James Almond, 22, rigger, 901 Poplar Street, Cincinnati, arrested with Drennan, were arraigned bo- fore William P.

Hohmann, United States Commissioner, under a charge of having conspired together to violate the Volstead Act. The defendants pleaded not guilty and were held in $1,000 bond each for appearance before the Commissioner for preliminary hearing February 4. Referees Close Cases. Final record closing the case of Albert Greenwald, bankrupt jew eler, Cincinnati, wag filed in United States District Court by John Dlneen, referee in bankruptcy, Dayton, Ohio, who was specially designated to act in this case because of the death of the late Charles T. Greve, former referee in bankruptcy, Cincinnati.

Greenwald's liabilities totaled $57,575.52 and the assets realized were $3,132.95. Unsecured creditors received $485.70 of this amount, as dividends on claims totaling $11,404.45. Mark A. Crawford, referee In bankruptcy, Portsmouth, Ohio, entered his final records closing the cases of Roy E. Shreve, bankrupt shoe worker, with liabilities, $1,436.36, and no assets; Harold Thompson, bankrupt machinist, liabilities $1,415, no assets; Roy R.

Nelson, bankrupt bollermaker, liabilities $1,059, no assets, and Tracy Freeman, bankrupt truck driver, liabilities $234, no assets. DAMAGES ARE SOUGHT. Former Milk Route Owner Demands $29,500 From Group. Accusing them of having conspired to force him to give up his milk route, Paul Caraccioio, 321 West Vine Street, Reading, Ohio, filed suit in Common Pleas Court yesterday demanding $29,500 as damages from Dr. Augustus O.

Bornell, associated with the K. I. O. Milk Producers' Associaton, 626 Broadway; the Matthews-Frecht-ling Dairy, 2363 St. James Avenue, and Floyd Foster.

Through his attorneys, LeBlond, Morrlssey, Terry Gilday, Carac cioio says Foster formerly owned a milk route, collecting milk from farmer producers between Morrow, Ohio, and Cincinnati. December 10, 1931, he says, he purchased this route and a truck from Foster, pay ing $4,500 for it, and started in collecting milk, which he delivered to the Matthews Frechtllng Dairy Company. Shortly after he had begun deliv ering milk, he charges, the dalrv company officials began annoying and harassing him, finally refusing to accept the milk he collected, and claiming the route did not belong to Foster originally, although, he alleges, they recognized him as its owner during and after his negotiations with Foster. Further, he declares that Dr, Bonnell knew about his proposed purchase of the route, and he says that Dr. Bonnell, "whose connection" with the sale and purchase of the route he never has been able to learn, "became extremely active and antagonistic" against him, go ing so far as to follow him and Interview each farmer producer from whom he obtained milk.

He also charges that Dr. Bonnell threatened the producers with Third Union Trust and $3,915.31 in the Eagle Savings and Iioan Association. The charge that Finnerty since has withdrawn considerable of this money. They also say that he held their aunt will until a citation from the Probate Court forced him to file it January 13. and Judge William H.

Lueders has refused to appoint him as executor under the will. No administrator has been named as yet, they also state. Judge John H. Druffel issued a temporary restraining order tying up the balance of funds in bank. Bettie W.

Plaut's Will Filed. After making bequests of $250 each to the Hebrew union College, the Jewish Hospital Association and the National Jewish Hospital For Consumptives, Denver. and $150 to the Association For the Welfare of the Blind, the will of Mrs. Bettie W. Plaut, filed with Judge William H.

Lueders in Pro bate Court, yesterday, gives $500 each to Minnie Lazarus, San Fran cisco; Helen W. Apferbaum, Fort Wayne, and Belle Linz, Cin cinnati. She then leaves $10,000 outright to her Michael Plaut, Hartford, and also places $35,000 with the City Bank-Farmers Trust Company, York City, the in come to be paid to her son for life, One-half of the residue of her estate she leaves to her daughter, Mrs. Hilda P. Feldman, wife of Leo M.

Feldman, Netherland Plaza, and the other half is placed with the New York Bank Trust Company, named, to be added to the $35,000 trust fund for her son, Michael Plaut. The latter is to receive the income for life, and at his death it is to go to his widow and thejr issue. The grandchildren finally are to recaive the corpus of the estate, one-third when each reaches the age of 25 years, one-third at the age of 30 vears, and the balance when they reach the age of 35 years. The will, which was executed October 24 last, names the daughter, her husband and the son as co- executors. Mi s.

Plaut died Decem ber 8. Her estate is estimated at $75,000 in personal property. Robber-Gun User Goes To Upon his plea of guilty to charge of robbery, Vernon Mead, 22 years old, Olive Hill, was sentenced to serve from 10 to 25 years in the Ohio Penitentiary by Judge Charles S. Bell, in Criminal Division yesterday. Carson Hoy, Assistant County Prosecutor, told Judge Bell that Mead shot and seriously wounded City Patrolman Ernest Scheuerle and Wilbur Miller, a bystander, when Scheuerle attempted to arrest him, after he had held up and robbed Andrew Chakiris, confec tioner, Vine Street and Mitchell Avenue, on the night of November 4, last.

Mead held up Chakiris at 9 o'clock and at midnight Patrolman Scheuerle saw him acting sus piciously in front of the store of William Christos, 701 Epworth Ave nue, Winton Place. As the officer approaghed, Mead ran between two drew his gun and began firing. "Ehe officer received one bullet in his left breast, near his heart, and was in the hospital until a few weeks ago. Miller was struck in his abdomen by another bullet, but his wound was not so serious. An effort had been made to prove Mead was mentally unbal anced, but alienists who examined him reported him to be normal.

A nlea for leniency was made to Judge Bell yesterday when Mead pleaded guilty, but the Court announced that no leniency would be shown in any case where it wbs shown that a police officer had been wounded. Before sentencing Mead, Judge Bell asked how he came to be carrying a weapon, and Mead drawled: "Wheah Ah come from in Kaintucky, it's customary foah all boys to cahy guns." Mead had two large guns on him when arrested. Negro Convicted Of Murder. James McAlpln, 26 years old, 917 Cutter Street, Negro, was con victed of second-degree murder when tried before a jury in Judge Stanley Struble's Criminal Division yesterday. Assistant County prose cutors Frank Gusweller and Simon Leis proved that on November 23, last, McAlpin killed Robert Little, 21 years old, Negro, by striking him with a pick handle.

NEW SUITS FILED. COMMON PLEAS COURT. A38018. Hulbert Taft vs. City of Clncln nati.

For an Injunction. A3A019. Thomas F. Behrens, admlnlsartor, vs. Catherine Tucker.

For 81,000 as dam aces. A3A020. F.mll E. Fleck vs. The Norwood Company.

For appointment of a receiver. 36021. Hurley L. Faul vs. Dorothy Faul.

For divorce. A3ol)22. Flora Brown vs. Bam Broock et al. For and foreclosure of mort gage.

A36023. Ida O. Hunter, executrix. The Henry Schmidt Furniture Company, For 17,000 on note. A36024.

Oakley Improved B. L. Com the sale of beer and wines to bona fide hotels, dining rooms and res taurants, should Congress restore drinks. Mr. Mills and Mr.

Schaufele were delegated a committee to so acquaint a legislative committee at Columbus February 8 with the wishes of the Ohio State Restaurant Association. Entertainment at the Cincinnati Advertisers Club dinner dance at the Hotel Gibson tonight will In elude "The Gypsy Rose Trio," ad agio dancers; "Henrietta and Ollie," blonde and brunette; "Charlotte," exponent of the Rumba; "Joie Kin ney," and "Rapp and Lynn," tap dancers. The committee has also arranged novelty dances, flowers and favors for the ladles. This lb the fourth annual dinner dance of the club Alexander Thomson Vice Chair man of arrangements, has been made first aid to Ben Faulkner, Chairman, in completion of the program. The Cincinnati Art Museum an nounced yesterday that a special meeting of the Print Study Course will bo held at the studio of E.

T. Hurley, 2112 St. James Avenue, Walnut Hills, Tuesday morning at 10 o'clock for a practical demon' stratlon of etching, dry-point and monotype. This meeting is not limited to members of the class, but friends and others interested may attend. Miss Emily Poole, who conducts the course regularly every Monday afternoon at the Mu seum, will be in charge as usual.

The second forum subject to be presented at the Workers' Unity Forum, in its series of dlscusslonH this season, is "Technocracy and the Working Class." The speaker is to be Walter former National Secretary of the Socialist Party. This lecture, tomorrow, at 3 o'clock, will be in Room 201, Odd Fellows Temple, Seventh and Elm Streets. This and subsequent dis cussions will be held regularly every Sunday afternoon at this place and all are free to the public. Approximately 15 delegates from Cincinnati will attend the annual state conclave of DeMolay alumni today and tomorrow at Neil House, Columbus, it was announced by James Mottern, alumni chief, last night at the meeting at the Hotel Metropole. Official delegates are Gordon Scherer, Melton Noll, Les ter Ruff, Raymond Kclser and Albert Grams.

Scherer, who is Vice President of the Ninth Regional District, International DeMolay Alumni, will preside at the concave at which plans for the state organization will be arranged for 1933. The first class of candidates to be initiated during the winter campaign into the Fraternal Order of will be Inducted Tuesday evening, according to announcement made, by Edward Krleger, Chairman of the Membership Drive Committee. Cincinnati Eagles are divided into wards and precincts and meetings are being held in the various sections of the city to stimulate interest in the membership drive campaign. A special class will be initiated February 28 and will bo known as the Charles Koch Class in honor of Charles Koch, hotel man, and who has been an active member of the order for 30 years. Many forms of direct mall adver.

tising were presented last night In a dinner address at the Hotel Gibson of the Cincinnati Association of Industrial Marketeers by Homer J. Buckley, Chicago specialist in direct mall advertising. The meet ing was attended by more than 100 advertising and sales managers of industrial firms of Greater Cincinnati. J. Mellen, ormerly general foreman of the Big Four shops at Bellefontalne, Ohio, was appointed yesterday as general foreman of the mechanical department of the new Union Terminal at a meeting of the Board of Managers of the Cincinnati Union Terminal Com- pany.

The announcement was made by C. S. Millard, Vice President and General Manager of this Big Four lines. AIRWAY INSPECTOR KILLED. Corona, January 27 (AP) M.

S. Boggs, air line inspector of the Department of Commeroe, died today from injuries received when a Government-owned plane, in which he was piloting two Los An gples society women as passengerst, struck a high tension wire near here. Mrs. Mary Gogan's arm was broken and Miss Stacla Curry's hip was injured,.