Decatur Daily Democrat, Volume 51, Number 255, Decatur, Adams County, 29 October 1953 — Page 8

PAGE EIGHT

WITNESSES CASE <<'ontl«ue4 From Page !>■*> •s, they had still ' substantial’)' complied" with the ordinance, although he stated that the exclusion of the church was; a vio

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lation of the state and federal constitution. The controversy rnkes on more than local importance as there are a score of cities in the state Whi.T. have\ ordinances similar to the

one which is in force in Decatur. Among these are Indianapolis Fort Wayne, Bluffton, Hammond. Portland and Bloomington. The ordinance has never had a test in the state supreme court. In his plea before the Adams circuit court, Hayden Coving ton, permanent attorney retained by the Jehovah’s Witnesses, argued that the decision of the boa~d of zoning appeals of the city ir. refusing to grant a variance to the ordinance was unconstitqtional and an abridgment of the constitution which guarantees freedom of religion. This -was the first time the religious issue was injected to the case, and the Adams circuit court held with it. In a later opinion, Judge Parrish said it was the duty of the court not to be swayed because of public' opinion, Inferring. therefore, that public opinion was against tne Witnesses. While it is possible to rule out part of an ordinance as unconstitutional, it has heretofore been doctrine not-to exclude any group of citizens from the protection of the constitution enjoyed \by another group. This is called equal protection under the law. The city holds that all groups, including tfcose of the church, are as responsible for obeying a constitutional ordinance as any other. The Witnesses hold that the exclusion of (their church) is not "in the interest of the public health, safety, welfare or morals,” although they admit they had not been following the letter of the ordinance. T|ie importance of the case her’ is taken on after it is considered

THE DECATUR DAILY DEMOCRAT, DECATUR, INDIANA

that the cities which have ordinances similar to the one ki Decatur might have to scrap them along with Decatur’s if the high court rules against the city board of zoning appeals and upholds the Witnesses. New Proposal Advanced For Trieste Issue Western Big Three Submit Formula To End Angry Dispute PARIS UP —The Western Big Three powers believe they now have th.e formula to settle the angry dispute over Trieste. Both Italy and Yugoslavia are giving it serious consideration. In brief, the plan would 'permit Yugoslavia to retain Zone B of the Dee territory while Italy would keep Zone A. including the city of Trieste. Yugoslavia would be given special guarantees privileges In the port. In addition, the frontiers of Zones A and B would be modified along ancestral population lines. French foreign minister Georges Btdault is beipg used by the United States and Britaii) as the "honest broker” w’ho will bring Italy and Yugoslavia close enough together to permit the holding of a ftyepower conference on the Trieste issue. Wednesday he spoke for hours with Yugoslavia foreign minister Koca Popovic and today he lunched with Italian premier and foreign minister Giuseppe Pella. The Trieste issue boiled over as result of the Oct. Bth Anglo-Ameri-can decision to withdraw their troops from Zone A and the city of Trieste andvto turn the zone over to Italy.’ t Yugoslavia’s Pr&ident Tito warned t|iat his troops would stop any Italian entry into the zone, but he also proposed a conference among the powers involved. The west now proposes handing the port over to Italian administration but with the prior agreement that it will be demilitarized, that Yugoslavia. Austria and other nations will have special free port facilities and that minority rights will be scrupulously protected. Italian minorities in. Zone B would get the same protection. ; In essence this is the same plan worked out by the United tSates ,in late 1949 and put forward by Washington to the Italian and Yugoslav governments. The Yugoslav reaction was favorable.

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Herbert S. Closson \ Given Prison Term On his plea of guilty to receiving stolen goods Wednesday In Allen circuit court, Herbert S. (Jim) Closson, was. sentenced to from one to IQ years in the state reformatory by circuit judge William IL Schannen. Closson is a former resident of Decatur, and was alleged to have received and concealed money taken in an armed robbery of a Fort Wayne gas station about five months ago. His brother, Richard E. Closson. is due to face charges soon of armed robbery. \ ’]• New Superintendent Os Mental Hospital Superintendent Is \ - Named At Richmond INDIANAPOLIS. (UP) — Dr. Jefferson Klepfer was appointed today as superintendent of the Richmond state mental hospital, replacing Dr. Paul Williams. The appointment of three assistant superintendents for Indiana mental institutions and four physicians and psychiatrists also was announced by Dr. Bertram J. Groesbeck, director of the state health department, and Dr. Margaret E. Morgan, state mental health commissioner. Klepfer. a native of Greenfield and graduate of the Indiana University school of medicine, has been superintendent of Central state hospital in Wisconsin since IW.O except for three years army service. He takes over Npv. 20. Williams resigned Sept. 24. after members of the state legislature and Governor Craig criticized the hospital’s operation. The other appointments included: Dr. David E. Wyengar, assistant superintendent at Richmond. Has been psychiatrist at an Omaha. Neb.., Veterans, hospital. Dr. Edward Hinko. assistant superintendent at Laßue Carter hospital in Indianapolis. Has been assistant superintendent of a Michigan state hospital. Dr. iFred Tempey. assistant superintendent of Norman Beatty hospital at Westville. Has been psychiatrist at Livermore sanitarium in-California. . Dr. John M. Hoyt, senior staff psychiatrist at Beatty. Has had the same type job at Grafton, Mass., state hospital. Dr. John H. psychiatric physician at Evansville state hospital. Has been psychiatrist at Osawatomie state hospital in Kansas.

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THURSDAY, OCTOBER 29. 1953