The Cincinnati Enquirer from Cincinnati, Ohio on July 28, 1934 · Page 9
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The Cincinnati Enquirer from Cincinnati, Ohio · Page 9

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Saturday, July 28, 1934
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THE ENQUIRER, CINCINNATI, SATURDAY, JULY 2S, 193 1 RECEIVERSHIP Of Two Years Lifted. Globe - Wernicke Advances Step In Reorganization. Custodians Report Operating Loss Of Only $28,000 Successful Suit Accounts For Surplus. As the corporation has filed a debtor's petition under provisions of Section 7T-B of the National Bankruptcy Act and Is In progress of reorganization, District Judge Robert R. Nevin yesterday issued orders dissolving the receivership under which the Globe-Wemicke Company, office furniture manufac- , turers, Cincinnati and Norwood, had been operating for more than two years. The orders followed the filing by Receivers O. A. Wilkerson and Frank H. Kunkel, Cincinnati, of their final report. This covers their operation of the corporation from July 1, 1932, when they were named receivers In the suit brought by J. T. Hatfield, Covington, Ky., until July 11, 1934, when the corporation took advantage of the new section of the Bankruptcy Act. In the report the receivers show they were able to conduct the business at a loss of only $28,000 whereas much larger losses had been sustained prior to the receivership. Surplus Won By Suit, However, during their administration, the receivership says they were able to obtain a judgment in a patent infringement case which absorbed the loss of $28,000 and produced a surplus of $130,000 for the two-year period. Also, the receivers reported, they disposed of the Avenel, N. J., plant of the corporation and the capital stock of the Steel Equipment Cor-, poration, owned by Globe-Wernicke, for $295,000. With the report was filed applications for its confirmation by the Court and also for allowance of fees to the receivers and their attorneys. Judge Nevin entered orders confirming the report and discharging the receivers and their bondsmen. He also allowed fees as follows: O. A. Wilkerson, $10,000; Frank H. Kunkel, $11,000; Taft, Stettinhis & Hollister, Cincinnati, as counsel for the receivers, $12,500, and Covington, Burling, Rublee, Acheson & Shorb, counsel for ancillary receivers in New Jersey, $500. Funds On Hand For Fees. Judge Nevin directed that these fees be jaid from funds of the corporation, now in the hands of Kunkel, as trustee in the bankruptcy proceedings. The matter of making permanent the appointment of Kunkel as trustee came iro for hearing yesterday before Judge Nevin. There being no objection, Court entered an order making the appointment permanent. Judge Nevin also granted an application of the Fifth Third Union Trust Company, Cincinnati, et al., intervening petitioners, for the U 1 Cincinnati Typographi- TTCllUlllC cal Union Mo. 3 SUNDAY, JULY 29th THE PINES Cincinnati's Most Beautiful Outing Grove. Paul D. Sweeney, Mgr. for a Limited Time Only! New Table-Top Model (Kso dlaaiiafl Manage in a Very Special Sale For years housewives have shown their preference for Garland Ranges, replacing old ones with new models . . . recommending them to brides. And here's a new model, with ten outstanding features 1. Flush one-piece top. 2. Two folding covers. 3. Special insulation. 4. Roberlshaw control. 5. Automatic Lighter. Honsewam On THE MRKVWkv Court's approval of corrections made in the protective and deposit agreement under which the plan of reorganization is to be carried out Judge Nevin modified his order of July 11 and changed the date for hearing on the fairness of the reorganization plan from September 11 to September 14. Kunkel is ordered to give notice to all creditors and stockholders of the company of this change. VIOLATION IS ADMITTED By One Held After Wyoming Raid Two Deny Guilt. As an aftermath of a raid con ducted late Thursday by Federal internal revenue deputy collectors on a spacious house at 1025 Spring field Pike, Wyoming, Herbert Waters, 21 years old, salesman; Walter Clayton, alias Leon Long, Negro, 34, 1025 Springfield Pike, and Ray Young, Negro, 38, truck driver, 532 Hopkins Street, were arraigned before William P. Hoh-mann, United States Commissioner, yesterday. They were charged with having operated and possessed a 350-gallon still, found by agents in the attic of the house; 730 gallons of moon shine liquor, stored in a second- story room, and 4,500 gallons of mash, ali in violation of Federal Internal Revenue laws. Waters pleaded guilty and was held to the Federal Grand Jury in $2,000 bond. The other defendants denied guilt and were held in $2,000 bond each for preliminary hearing August 2. After the three had been arraigned, Waters was arrested on an old warrant charging him with having conspired with two other persons to possess a 250-gallon still, 47 gallons of whisky and 1,500 gal lons of mash at 7526 Montgomery Road last February. He entered a plea of not guilty and was held in $2,000 bond for preliminary hearing August 3. FIRE IN HOLD Of Fruit Liner At New York Pier Is Fought For Five Hours-Crews Abandons Ship. New York, July 27 (AP) A fire in the hold of the United Fruit liner Atenas defied the combined efforts of the city's land and marine flre fighting apparatus for more than five hours today. The flames attained such propor tions that the crew of 50, many of them in pajamas, were forced to abandon the ship with all their belongings as she lay tied up to her Hudson River pier. For a time it was feared the flames might spread to other docks. Water from three fire boats and a quantity of hose lines from city hydrants were poured into the holds through hatches, companionways and portholes. So much water was pumped into her that the stern finally rested on the river bottom. Firemen were able to confine the fire below decks, and apparently the hull itself suffered no major damage. Barrels of oil stored in the hold caught fire and sent out huge clouds of black smoke. Lieutenant Lawrence Fagan was overcome. He was carried safely off the ship. Firemen said they thought the fire would continue to smolder in the hold all day. It is not known how the conflagration started, nor could the extent of the damage be estimated. The Atenas was to sail for Honduras at noon today. .50 6. Pull-out broiler. 7. Burner pan. 8. New heat-spreading burner. 9. Time reminder. 10. Lamp. CINCINNATI Basement COUNTY I'M. I Hotels Were Only Home, Wife Charges In Suit Robert Uricho, proprietor of the Fort Washington Hotel, Main Street, neglected her and failed to provide a home for her, Helen Uricho, Fort Washington Hotel, charges in her suit for divorce, filed In Domestic Relations Court yesterday. She says they were married at Covington, Ky., December 10, 1913, and have one son, Robert Jr., 18 years old. She also alleges that her, husbnad did not provide a home lor her, and that virtually all her married life has been spent in hotels in which her husband had an interest or was the owner. Frequently, Mrs. Uricho avers, she was compelled to take charge of the work In the hotels and, as a result, her health failed and in April, 1931, she was forced to go to Texas, where she was compelled to remain until July of iast yoar. Since then they have not lived together as man and wife, she says. She further declares that for years he has not associated with her or her friends. She gave h-ir husband's address as the New Den-nison Hotel. Wants A Home, Or Alimony! 'After denying all charges made by Bernard J. Warman In his suit for divorce, Ada L. Warman. in her answer and cross-petition, filed yesterday, says she always has been ready and willing to live with War-man, but he has neglected to furnish her a home. She says he stays out late at night and all night at times, without informing her where. She also says Warman went to her parents' home at Hamilton, where she is staying, and promised to dismiss his suit and provide a home for her, but has failed to do so. She says she Is willing to return to him if he will provide a home for her and their child, otherwise she asks the Court to dismiss his suit and grant her alimony. . Three To Face Disbarment. J udge Thomas H. Morrow, pre- sindlng in Common Pleas Court, ordered entries yesterday appointing Attorneys Leonard H. Freiberg, Cornelius J. Petzhold and Larz R. Hammel to prepare, file and prose cute charges of disbarment against three attorneys. Charges are to be filed within ten days against Elmer Vogt, Har ry C. Nogen and Earl F. Wester-field, attorneys, against whom the Bar Association Committee reported misconduct and unprofes sional conduct. Vogt and Nogen were indicted on charges of having failed to account for funds in their possession belonging to estates they were handling. Four Policemen Defendants. Charging that they arrested him without cause, on a charge of disorderly conduct, July 2, and that they assaulted and beat him, when making the arrest, Herman Holthaus, 2024 Emerson Avenue, North College Hill, filed suit in Common Pleas Court yesterday against four Cincinnati patrolmen Joseph A, Ahern, Albert Bowman, Lester Pipp and William F. Riebs and their bonding company. Through his attorneys, John B. Frieden and Earl B. Cameron, H6lt-haus demands $10,000 damages from each defendant, and $4,000 from the bonding company. He also filed a second action against Patrolman Ahern, who swore to the warrant for his arrest, demanding $5,100 damages additional. Holthaus says the charge against him was dismissed and he was ac quitted in Police Court July 10. Court Appoints Receiver. Following the filing of a petition in Common Pleas Court by the Central States Freight Servic, Inc., against Lett & Co., dealers in poul try and eggs, 59 Walnut Street, Judge Stanley Struble appointed Harry Vorbroker receiver and fixed his bond at $7,500. Through Brink, Marckworth, Cooney & Hennigan, the plaintiff company sued as judgment creditor for $511.51. Dry Cleaners' Tight In Court. Seeking to enjoin the carrying of banners charging the company to be unfair to union dry cleaners, and demanding $50,000 as damages, the Capitol-Barg Dry Cleaning Com pany filed suit in Common Pleas Court yesterday against the Cleaners, Dyers end Pressers' Local Union 1855; William Lohrum, Secretary, and D. W. Traugott, President; the C. W. Loughead Company, 2300 Boone Street, and the Art Dry Cleaning Company, 9 We3t Mitchell Avenue. Through Sol Goodman, its attor- Criticism And Advice Asked In Citizens' Party Broadside To all citizens interested in the good - government movement in Hamilton County the Citizens Committee yesterday addressed a request for criticisms, suggestions and recommendations regarding the present administration at the County Courthouse and future candidacies sponsored by their group. The request was made in connection with the mailing to 10,000 former associates of the Citizens' movement of questionnaires covering a similar range of inquiry. Unable to contact personally the vast group beyond these workers, the committee then added this supplementary appeal. Briefly, the questionnaire submitted covers the following points: Have you any criticisms of the previous campaigns of the Citizens' Committee? What suggestions have you for the coming campaign? Have you any suggestions for candidates for the offices to be filled? JAt this point the .question COURTS ney, the Capitol-Barg Company also, sues on Denair or tne .pay vry Cleaner, 1400 Elm Street; John Lucas, 6118 Madison Road; Jay C. Cloude, 1059 East McMillan Street; Model Cleaners, 200 Williams Street, and the J. & R. Hat Company, 111 East Sixth Street, with which it has contracts. It is alleged that the defendants are attempting to destroy their business. NEW SUITS FILED. COMMON PLEAS COURT. iiiiAn p.n(.i Bar.. Hm f'ifa.nlne Com pany vs. Cleaners. Dyers nd Pressers' union, rot sou.uuu as aanms". A44101. Disbarment Droceedlngs filed against Elmer O. Vogt. A44102. Disbarment proceedings Wed against Earl F. westerfield. A44103. Disbarment proceedings mwi against Harry C. Nogan. A44104. Julia Arrlgo vs. Joseph Arrlgo. For divorce, custody ol children and alimony. AiAlnK 11 . T M. n f' v. T.ewlii Alt-lVU. lll!lkUU AJ, AJ. w -. E. Bedinger et al. For J6.7S3 and fore closure ot mortgage. A44106. Herman Holthaus vs. Joseph J. Ahren et al. For $44,000 as damages. A44107. Herman Holthaus vs. Joseph J. Ahem. For $5,100 as damages. A44108. Application tor easement over lands of W. Mack Johnson for highway purposes. A44109. Senate L. B. A. Co. vs. Josephine Michalowsky et al. For $6,085 and foreclosure of mortgage. .....it ni..hinnn Nttfinnai insurance Company' vs. Richard Morris et al. Inter pleader filed. A44111. Harry A. Freiberg, 'treasurer, vs. the Philip Carey Company. Petition in error filed. ... A44112. Robert Heuck, Auditor, vs. the Philip Carey Company. Petition in error lled- TJ T C, A44113. Nicholas Sarros vs. Ida L. Sar- ros. For divorce. A44114. Columbia Life Insurance Company vs. Madeline L. Beatty et al. For $8,320 and foreclosure of mortgage. A44115. Andrew Hoffman vs. A. O. Spalding & Bros. For $50,000 as damages. A44116. Helen Uricho vs. Robert Uricho. For divorce. A44117. Herbert E. Moore vs. Anna a. Moore. For divorce. A44118. Fred K. Oexman vs. Mhel M. Oexman. For divorce. A44119. Central States Freight Service vs. Lett A Co. For $811.51 and for appointment of a receiver. COURT ORDER SOUGHT To Cancel Tax Commission's Cut In Philip Carey Assessment. Unusual proceedings were filed in Common Pleas Court yesterday on behalf of County Auditor Heuck and County Treasurer Harry A. Freiberg, in which they seek to set aside the reduction granted by the Stste Tax Commission in valuation of the Philip Carey Company's real estate at Lockland. They auege that it was error for the State Tax Commission to grant a reduction of $179,700 upon the 1932 tax valuation. Throught County Prosecutor Louis J. Schneider and Assistant Prosecutor Greg H. Williams, each official files the same action. They alleee that the State Tax Commis sion heard an appeal from the Auditor's appraisement of $2,373,880 for the property, and accepted an ai-fidavit as to the cost of machinery and equipment, which, the officials declare, does not show the entire cost. Thev further aileste that the Au ditor and the Hamilton County Board of Review were not permitted to offer rebuttal evidence, but the State Tax Commission acted on what was before it and reduced the valuation to $2,194,180. In addition, t is set forth that the Tax Commission's order locates the property in Cincinnati, instead of the City of Lockland, and the Court Is asked to set aside the Tax Commission's order of reduction and determine the real value of the property for tax purposes. DRIVER LICENSE FAVORED BY OFFICIAL OF HOSPITAL Since March 15 when a state law was passed making It possible for persons injured in automobile accidents to choose the institution to which they desired to be treated, Dr. Walter E. List, Superintendent of Jewish Hospital, announced that between 225 and 250 victims of automobile accidents have been treated at Jewish Hospital each month. The numerous accidents caused Dr. List to express himself as being in favor of stringent state driver-licensing laws. While many have blamed drunkenness for the increased number of accidents, Dr. List said, he believed too many persons driving today are not fitted physically or temperamentally to do so. Modern automobiles which have simplified driving has caused persons who could not, or would not, drive a few year3 ago to change their minds, he added. GARDEN PARTY ARRANGED. Members of the Cumminsville Veterans of the World War and friends will take part in a garden party at the clubhouse, 4100 Cole-rain Avenue, tonight. Proceeds are for the organization's building fund, Commander Paul Haines announced. naire specifies the various offices: Auditor, Commissioner, Sheriff, Coroner, Treasurer, Recorder, Clerk of Courts and Prosecutor.) Additional remarks, with suggestions or criticisms of the administrations at the Courthouse, are invited. In a letter accompanying the questionnaire and explaining its purpose, Sanford A. Headley, First Vice President of the Citizens' Committee, added that such answers as are forthcoming will be held strictly confidential. "Chairman (B. H.) Kroger has charged me, In his absence, with the responsibility of conducting pre-campaign activities to nominate and elect a complete slate of nonpartisan officials for Hamilton County who will perform their duties Independent of any party domination and who will perpetuate the record for economy, efficiency and fair dealing made by officials previously elected by the Citizens' Committee," Headley de clared. He then added that he wa3 taking this means to secure advice and suggestions for use in guiding the further work of the. committee. FEDERAL js(ers Reach Agreement Upon $30,000 Insurance Agreement having been effected cut of court by Mrs. Rachel Kohn, Los Angeles, Cal., as executrix of Isaac Benjamin, and Mrs. Edith Shapoff, Cincinnati, as to the dis position of $30,000 in life insurance carried by their brother, Isaac Benjamin, late Cincinnati tailor, and made payable to Mrs. Shapoff, Dis trict Judge Robert R. Nevin, Cin-clnratl. vosterdav directed distribu tion of $30,000 plus, deposited by the Guardian Life insurance company of America, Metropolitan Life Insurance Company and the Union Central Life Insurance Company. Under the court's order Mrs. Shapoff is awarded a total of $26,973.88 and Mrs. Kohn $2,500 of the funds on deposit. These three cases were filed in the Federal Court by the insuranco companies following claims presented by Mrs. Kohn, as executor of her late brother's estate in California. She filed suits there to recover under the policies. Moore Again Paroled. Charles Moore, 38 years old, insurance agent, East Clifton Avenue, who was brought to Cincinnati Thursday from the Atlanta, Ga., Federal Penitentiary to appear before District Judge Robert R. Nevin, Cincinnati, as a violator of his parole, yesterday was permitted his freedom for the next two and one-half years providing he behaves himself. Moore was given a suspended sentence in 1930 by Judge Nevin after he had been Indicted under a charge of having forged a compensation check issued by the Government to a war veteran. Last January he was taken into custody by Federal officers after, it was said, he had violated his parole. He was taken to Atlanta to serve his sentence of two and one-half years. Because he had not first been taken beforethe court, the order of court directing execution of the suspended sentence was held to be Invalid in habeas corpus proceed ings in the Federal Court in At lanta recently. In granting Moore a further suspension of his sentence and permitting him to go on probation, Judge Nevin took into consideration the fact Moore had been incarcerated in the Federal prison for several months. Judgment For Plaintiff. District Judge Robert R. Nevin, Cincinnati, yesterday issued orders in the suit of Louis W. Fetschan, Cheviot, vs. the Gulf Refining Company and Cross Park Realty Company, Hooven, Ohio, denying mo Back in the days when gentlemen preferred to trap their own furs the pick of the pelts bought the pick of the general store ! The early Gncinnatians who bagged the beM furs might be said, in the vernacular, to bring home the bacon! Today the Pogue store chooses its precious furs with an expert eye with a look to the future! Only the best furs make the best riends! last years prove that! POGUE'S AUGUST SALE OF FUR and FUR -TRIMMED COATS Begins IVcdnosday, August 1st tions of the plaintiff and defendants for a new trial of the case and awarding to Fetschan judgment for $1,000, as damages to his property along the Big Miami River in the vicinity of the Gulf company's refinery at Hooven, found by the petit jury to be due to or- dors and impurities alleged to have emanated from the refinery. Seized Product Returned. James Good, Inc., manufacturers of 12 drums of Cresol Compound Solution seized recently by the Government under the provisions of the Federal Insecticide Act, yesterday filed bond in Federal District Court for $600 for the return to it of the seized product to be relabeled under supervision of inspectors of the Federal Pure Foods and Drugs Administration, Cinclnati. Final Distribution Ordered. Upon application of Dawson E. Bradley, as ancillary receiver of Vox Box Lunch, Inc., New Jersey, District Judge Robert R. Nevin yesterday directed Bradley to pay to the primary receivers of the Vox corporation, $161.20, remaining in his hands as a result of the sale of assets of the company here. Fugitives Ordered Removed. Orders for removal to Eastern Tennessee and West Virginia, respectively, of Samuel Marion Browning and Ernest Ray Lively were entered by District Judge Robert R. Nevin, Cincinnati, yesterday. The two men recently were apprehended in Cincinnati as fugitives form justice. Browning is accused of having represented himself to be an employee of the Federal Home Loan Bank, Chattanooga, Tenn. and to have obtained merchandise from a concern in Knoxville for an amount in excess of $U5. Lively is accused of having violated counterfeiting laws and is said to be under charges in West Virginia. Bankruptcy Case Closed. Mark A. Crawford, referee in bankruptcy, Portsmouth, Ohio, entered his final record in District Court closing the bankruptcy case f Elmer O.Castrop, Sciotovllle, Ohio. The liabilities totaled $1,087.86. There were no assets. John Riley Perkins, laborer, Hamilton, Ohio, entered his voluntary petition in bankruptcy seeking relief from debts totaling $370.70. He lists no assets . except household goods said to be exempt. Raymond Wise, 1406 Locust Street, Cincinnati, clothing cutter, seeks relief from debts totaling $565.53. Assets are $105. Petition for discharge from her debts was filed by Bertha M. Kes-sen, Hamilton. Similar petitions were filed by Walter R. Meyer, Cincinnati; Elijah Johnson, Portsmouth, and Clarence A. Clark, Sciotoville. Receivers Allowed Fees. Upon the application of Helm Woodward and William R. Benham, Cincinnati, ancillary receivers in ew.-f - - - jy Vf-WS ' -TV , .1 fl jJ$Lmt j i - ' rY vwV"'l XfA. y , f the case of the Heldman Clothing Company vs. the Sol Williams Company, installment clothiers, Covington, Ky., and Cincinnati, District Judge Robert R. Nevin allowed them the respective sums of $250 and $600 as additional compensation for services. Herbert Jackson, their attorney, was allowed $300. Creditors Hold Meetings. First meetings of creditors were held in the office of W. J. Kuertz, Referee in Bankruptcy. Cincinnati, in the cases of Lawrence Walker, bral.eman, 615 Elm Street; Henry Carl Raul, automobile mechanic, 2151 Colerain Avenue, and Howard Lee Johnson, laboratory worker, 1604 Manchester Avenue, Middle-town, Ohio. As none of the three bankrupts had assets no trustee in bankruptcy was named. SEVENTH HOTEL Is Added To Hitz Chain l'ormei Cincinnatian Completes Deal For The Adolphus, Dallas. The Adolphus Hotel, Dallas, Texas, will become the seventh hotel directed by the National Hotel Management Company, Inc., dispatches said last night. Negotiations were completed yesterday at a conference between Ralph Hitz, President of the hotel company and former Cincinnatian, and Adolphus Busch III., President of the Anheuser-Busch Company, St. Louis, it was said. J. E. Frawloy, Detroit, Executive Vice President of the hotel company, and H. F. Stevens, Dayton, Ohio, will go to Dallas Wednesday to take over the Adolphus for the Hitz organization. Other hotels under Hitz management are the Netherland Plaza, Cincinnati; the New Yorker and the Lexington, New York; the Ritz-Carlton, Atlantic City; the Book-Cadillac, Detroit, and the Van Cleve, Dayton. Soot fall for 1933 of 23,642 tons, If loaded into coal cars, would make a train 5.37 miles long, stetching from City Hall to Hyde Park, by way of the boulevard, Gilbert Avenue, Madison and Edwards Roads, Gordon D. Rowe, Chief Smoke Inspector, reported yesterday In outlining methods by which soot fall Is measured. He called attention to a drop from 50 tons a square mile a month in 1917 to 27.17 tons a month In 1933. Long Train For Sooll ELKS AWAIT PICNIC PRIZES. Many prizes have been donated for the annual outing of Cincinnati Lodge of Elks, August 11, at Bass Island. John F. Fussinger is General Chairman of the Outing Committee. TT 2 SPE ft CIAL TODAY Delicious Hot-Weather Plates 35c ft Creamed Chicken Eclair, Golden Bantam Corn, Home-Crown Sliced Tomatoes, Rolls and Butter . . . ALSO, other Menu Specials including Sea Food Plates, Sand- wit-hes, Salads, etc. O Come Enjoy AIR-COOLED COMFORT 5 Draft Beers Fanry Drinki ' 613 Vine next to Enquirer 24. HOUR SERVICE 3 ANOTHER C. & L E. Excursion to INDIAN LAKE (Russell's Point) Sunday, July 29 $175 ROUND TRIP Spend Sunday at cool Indian Lake. Leave Cumminavllle Ticket Office, Sprint Grove and Know Hon Stretti, at 7:30 A. M. Upturn on any C. A L. E. train leaving. Indian Lake Sunday, July J 9th including special late Eicunion Return train for late-itayert and dancers For convenience buy tkktU in advance, hut you may purchase frcfcefi any lima up to eavm time. C. Ik. L. E. Ticket Office and Waiting Room 4.17 Walnut St. Gibson Hotel Building Cherry 6626 a, ijflHj Sae tea A.

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